Learning Outcomes
After reading this article, you will be able to identify and apply the special standards of care owed by certain classes in negligence law. You will understand the duties of common carriers, innkeepers, landowners, and professionals, and recognize how these standards differ from the general reasonable person standard. You will be able to answer MBE-style questions on these topics with confidence.
MBE Syllabus
For MBE, you are required to understand the special rules that apply to certain classes of defendants in negligence cases. Focus your revision on:
- The heightened duties owed by common carriers and innkeepers.
- The specific standards of care for landowners toward trespassers, licensees, and invitees.
- The professional standard of care for doctors, lawyers, and other specialists.
- The rules for children and persons with physical disabilities.
- How these special standards interact with the general reasonable person test.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
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Which of the following is held to the highest standard of care in negligence law?
- Social guest host
- Common carrier
- Ordinary driver
- Trespasser
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A landowner owes the least duty of care to which of the following?
- Invitee
- Licensee
- Trespasser
- Tenant
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In a medical malpractice case, the applicable standard of care is:
- The average reasonable person
- The average person in the community
- The skill and knowledge of a typical member of the profession
- The judge’s personal opinion
Introduction
Negligence law recognizes that some classes of defendants owe special duties beyond the general reasonable person standard. These special classes include common carriers, innkeepers, landowners, professionals, and children. Understanding these distinctions is essential for MBE success, as questions often test your ability to apply the correct standard to the correct class.
Common Carriers and Innkeepers
Common carriers (such as bus, train, and airline operators) and innkeepers (hotels, motels) are held to a higher standard of care than ordinary persons. They must exercise the utmost care and vigilance for the safety of their passengers or guests.
Key Term: Common Carrier A business that transports people or goods for hire and is held to the highest standard of care for its passengers.
Key Term: Innkeeper An operator of a hotel or similar establishment, required to use utmost care for the safety of guests.
Landowners and Occupiers
The duty owed by landowners depends on the status of the person entering the land:
- Trespassers: Only a duty to refrain from willful or wanton harm.
- Licensees: Duty to warn of known, non-obvious dangers.
- Invitees: Duty to inspect for and make safe any dangerous conditions.
Key Term: Trespasser A person entering land without permission; owed only minimal duty by the landowner.
Key Term: Licensee A person on land with permission for their own purpose (e.g., social guest); owed a duty to be warned of known dangers.
Key Term: Invitee A person invited onto land for business or public purposes; owed the highest duty of care, including inspection and repair.
Professionals
Professionals (doctors, lawyers, accountants, etc.) are held to the standard of care and skill that is expected of an average member of their profession in good standing.
Key Term: Professional Standard of Care The level of skill, knowledge, and care expected of a typical member of the profession under similar circumstances.
Children
Children are generally held to the standard of care of a reasonable child of similar age, intelligence, and experience, except when engaged in adult activities.
Key Term: Child Standard of Care The degree of care expected of a child of similar age, intelligence, and experience.
Persons with Physical Disabilities
A person with a physical disability is held to the standard of a reasonable person with that same disability.
Key Term: Physical Disability Standard The standard of care for a person with a physical disability is that of a reasonable person with the same disability.
Worked Example 1.1
A passenger on a city bus is injured when the driver suddenly swerves to avoid a pothole. The driver claims he acted as any reasonable person would. Is the bus company liable?
Answer: Yes. As a common carrier, the bus company owes the highest duty of care to its passengers and must do all that human care, vigilance, and foresight can reasonably do under the circumstances.
Worked Example 1.2
A homeowner invites a friend for dinner. The friend slips on a loose rug the homeowner knew was dangerous but did not warn about. Is the homeowner liable?
Answer: Yes. The friend is a licensee, and the homeowner had a duty to warn of known, non-obvious dangers.
Worked Example 1.3
A 10-year-old child is injured while driving a golf cart on a public road. What standard of care applies?
Answer: The child will be held to the standard of care of an adult, because driving a motor vehicle is considered an adult activity.
Exam Warning
On the MBE, always identify the status of the plaintiff (trespasser, licensee, invitee, passenger, patient, etc.) before applying a standard of care. Applying the wrong standard is a common exam trap.
Revision Tip
Memorize the three categories of land entrants and the corresponding duties owed by landowners. Quick identification can save time and avoid errors on the exam.
Key Point Checklist
This article has covered the following key knowledge points:
- Certain classes (common carriers, innkeepers, landowners, professionals, children, disabled persons) owe special duties in negligence law.
- Common carriers and innkeepers must use utmost care for passengers and guests.
- Landowners owe different duties to trespassers, licensees, and invitees.
- Professionals are judged by the standard of the average member of their profession.
- Children are held to the standard of a reasonable child of similar age and experience, unless engaged in adult activities.
- Persons with physical disabilities are judged by the standard of a reasonable person with the same disability.
Key Terms and Concepts
- Common Carrier
- Innkeeper
- Trespasser
- Licensee
- Invitee
- Professional Standard of Care
- Child Standard of Care
- Physical Disability Standard
