DUTIES OF LANDOWNERS
Activity
Reasonable care if
activities on defendant’s
land pose
unreasonable risk of
harm
No duty
Undiscovered Reasonable care if
activities on defendant’s
land pose
unreasonable risk of
Trespassers
harm
Discovered
Reasonable care
No Duty
Licensee
Reasonable care
Natural Conditions and artificial conditions:
Duty to warn of or make safe conditions known by the
Landowner or occupier that create an unreasonable risk
of harm to the licensee and that licensee is unlikely to
discover.
Invitee
Reasonable care
Natural Conditions and artificial conditions:
Duty to warn of or make safe conditions known by the
Landowner or occupier that create an unreasonable risk
of harm to invitee and that invitee is unlikely to discover
PLUS a duty to make a reasonable inspection to discover
dangerous conditions and, thereafter, make them safe.
OFF
PREMISES
ON PREMISES
Condition
Natural or Artificial
Generally,
Natural Conditions: No duty
Artificial conditions: Duty to warn of or make safe
conditions known by the Landowner that involved a risk
of death or serious bodily harm and that trespasser is
unlikely to discover.