Ace the Georgia Torts Bar 2025 – Tackle, Triumph, and Take the Test by Storm!

Question: 1 / 565

What duty is owed to discovered trespassers?

To warn about all possible dangers

To protect them from concealed dangers

The correct answer centers on the duty owed to discovered trespassers, which is to protect them from concealed dangers. This principle stems from the recognition that once a property owner becomes aware of a trespasser's presence, they have a legal obligation to mitigate harm to that individual.

A discovered trespasser is someone who, although they do not have permission to be on the land, has been identified as being present by the property owner. The duty to protect from concealed dangers arises because the owner knows of the trespasser's presence and can foresee potential risks that might not be apparent to the trespasser. This may include things like hazardous conditions or traps that are not visible and could cause injury.

While property owners must take precautions to avoid injuries to discovered trespassers, this duty is somewhat limited. The owner does not have an obligation to warn trespassers about all potential dangers, especially if they are obvious. The duty is specifically tailored to those risks that are hidden or concealed, reflecting a balance between the rights of the property owner and the safety of the trespasser.

In summary, the duty to protect discovered trespassers from concealed dangers emphasizes the property owner's responsibility for known risks that could lead to harm once they have recognized that an

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To ensure they are not on the property

No duty at all

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