Mickey has recently leased a one thousand acre estate in suburban New York from Orion. The lease agreement is for five years. Orion was an avid hunter and had dug several pits on the property to trap game animals. When Orion leases the property to Mickey, he forgets to tell Mickey about the pits. Three years after Mickey moves onto the property, Roger, a good friend of Mickey's, decides to drop in on Mickey one day. As Roger is making his way across the property, he falls into one of the pits and breaks his leg. If Roger sues Orion for negligence, Roger will not be able to recover for his injuries:
Correct If a dangerous condition exists when the lessor transfers the land to the lessee, the lessor owes the same duty to people outside the land that he would have owed had he remained the land occupier. That being the case, Orion owed Roger a duty to either warn of the pits or fill them in. However, this duty remains on the lessor only for a reasonable length of time after he leases the property. It is safe to say that, after three years, Orion's responsibility has lapsed. That being the case, Roger will not be able to recover against Orion for his injuries and True is the correct answer.
Incorrect! If a dangerous condition exists when the lessor transfers the land to the lessee, the lessor owes the same duty to people outside the land that he would have owed had he remained the land occupier. That being the case, Orion owed Roger a duty to either warn of the pits or fill them in. However, this duty remains on the lessor only for a reasonable length of time after he leases the property. It is safe to say that, after three years, Orion's responsibility has lapsed. That being the case, Roger will not be able to recover against Orion for his injuries and True is the correct answer.
Correct
Incorrect!
Question 2
Mickey has recently leased a one thousand acre estate from Orion. Orion had bought the land a few months earlier from a retired well-digger. What Orion did not know was that the well-digger liked to practice his craft on the land and that there were several open pits in various parts of the property. Also, before the well-digger sold the property to Orion, he hid the pits with branches and leaves. Mickey is wandering around the property a few weeks after taking possession of it when he falls into one of the pits and breaks his leg. If Mickey sues Orion for negligence, Mickey will be able to recover for his injuries:
Correct
Incorrect!
Correct The pits represent a latent (hidden) condition that Orion did not know about. The general rule involving latent conditions is that if they are known to the lessor and involve any risk of harm, the lessor has a duty to either repair, or warn the lessee of, the dangerous conditions. However, if the lessor is not aware of the dangerous condition at the time of transfer, he does not have a duty to repair or warn. Further, the Lessor has no duty to inspect to property for dangerous conditions either. That being the case, Orion owed no duty to Mickey because he did not know about the pits. Therefore, Mickey will not be able to recover from Orion and False is the correct answer.
Incorrect! The pits represent a latent (hidden) condition that Orion did not know about. The general rule involving latent conditions is that if they are known to the lessor and involve any risk of harm, the lessor has a duty to either repair, or warn the lessee of, the dangerous conditions. However, if the lessor is not aware of the dangerous condition at the time of transfer, he does not have a duty to repair or warn. Further, the Lessor has no duty to inspect to property for dangerous conditions either. That being the case, Orion owed no duty to Mickey because he did not know about the pits. Therefore, Mickey will not be able to recover from Orion and False is the correct answer.