Reflecting on Common Law and Landowner Liability

Is Adele liable for Roger's injuries under common law?

a) True b) False

Answer: True

Under common law, Adele may be liable for Roger's injuries since she engaged in willful or wanton misconduct by deliberately covering a hole with brush, potentially indicating an intent to harm trespassers or reckless indifference.

Exploring Landowner Liability under Common Law

Under common law, the general rule states that landowners do not owe a duty of care to trespassers who enter their property. However, there are exceptions to this rule, particularly in cases where the landowner's behavior is deemed willful, wanton, or reckless.

In the scenario provided, Adele intentionally obscured a deep hole on her property with brush, creating a hazard for trespassers like Roger. This deliberate act could be construed as willful or wanton misconduct, suggesting that Adele may have intended harm or showed reckless indifference towards potential injuries.

Therefore, based on the principle of common law and the specifics of the case, it can be concluded that Adele is indeed liable for Roger's injuries due to her actions. This serves as a reminder of the complexities of landowner liability and the exceptions that can apply in certain circumstances.

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