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arises if there is a harmful condition on the land that is hidden from the licensee, so long as the landowner knows of this condition. The licensee falls between the anticipated or discovered trespasser and the invitee on the sliding scale of tort liability assessed to landowners. Whereas the
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Even states that have retained the traditional common law rule regarding the absence of duty towards a trespasser may impose a duty of care towards certain kinds of trespassers. For example, a dangerous condition may effectively invite children to come onto the property. Such an
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Where licensees are present, activities conducted on the land by or at the behest of the owner of the land must be conducted with the care that a prudent person would show. A
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injuries caused by the risks inherent to their jobs. Generally such injuries are instead covered by
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175:"AMI 1107 Distinction Between a Trespasser or Licensee and an Invitee—Duty Owed to Each"
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or an invitee) defines the legal rights of the visitor if they are injured due to the
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anticipated trespasser needs to be protected from known man made conditions
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deal primarily with the United States and do not represent a
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of the property possessor (not necessarily the owner).
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may impose a duty of care even towards trespassers.
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172:See, e.g., Arkansas Model Jury Instructions,
29:The examples and perspective in this article
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57:July 2019
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207:Tort law
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