General Torts and Intentional Tort - Battery

Landowners are generally not liable for injuries to trespassers unless the trespass is on a limited area and the landowner knew about it and carried out an activity involving risk of death or serious bodily harm.

If a landowner knows trespassers frequently use a limited area and the land has a dangerous aspect, the landowner has a duty to use reasonable care.

A landowner might be liable for injuries to trespassing children if a hazardous condition attracts them, and they don't understand the threat.

If a landowner knows trespassers frequently use a limited area, they must exercise reasonable care if doing something that might harm the trespassers.

If a landowner knows about a dangerous condition on their land, a trespasser won’t readily discover it, and they have a duty to warn or make the condition safe.

A legal defense to trespass allowing entry onto another's property to prevent serious harm to oneself or one's own property. The intruder is not liable for trespass and the property owner cannot resist the intrusion.

When private necessity is invoked, the person who used another's property to prevent harm must compensate for any damages caused.

The legal right of a public official to use private property for a public reason, even if it means damaging or taking the property, to prevent a greater societal harm.

The danger for which public necessity is invoked must be immediate and serious, threatening the community or its property.

Even when a public necessity exists, the action taken to address the disaster must be reasonable and proportionate to the threat.

The public necessity defense does not apply if the perceived danger is a mistake, not a real threat.

Homelessness is not a valid legal defense for trespass. It is not considered a rare or emergent situation like a fire or flood.

Public officials can destroy or use private property to prevent harm to people or property, even if this action constitutes trespass.

A landowner owes a licensee a duty to refrain from wanton negligence or willful misconduct that could cause injury. They must also warn of any known dangerous conditions.

A licensee is someone who comes onto property with the owner's permission, but not for any business purpose. They're there for their own benefit, not the owner's.

A landowner has a duty to exercise reasonable care if they know a particular area of their property is frequently used by licensees and there's a risk of harm there.

A landowner owes a higher duty to invitees, requiring them to use reasonable care in maintaining the premises and their activities.

An invitee is someone who enters property for a purpose directly or indirectly connected with business dealings with the owner.

A landowner is considered to have 'constructive knowledge' if they should have known about a dangerous condition on their property, even if they didn't actually know about it.

Landowners have a higher duty to child invitees. If there's an 'attractive nuisance' on the property that poses a risk to children, the owner must take steps to prevent harm.

The standard of care for invitees is 'reasonable care'. This means a landowner must do what a reasonably prudent person would do to keep the premises safe.