Premises - Premises Liability

Premises liability is the liability for a landowner for certain torts that occur on the real property. This can range from things from injuries caused by "liable for injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs or benches". In sum:

Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. —ExpertLaw website

For premises liability to apply:

  1. The defendant must possess the land or "premises".
  2. The plaintiff must be an invitee or, in certain cases, a licensee. Traditionally, trespassers were not protected under premises liability law. However, in 1968, the California Supreme Court issued a vastly influential opinion, entitled Rowland v. Christian (1968) 69 Cal.2d 108, which abolished the significance of legal distinctions such as invitee, licensee, or trespasser in determining whether one could hold the possessor of a premises liable for harm. This opinion led to changes in the law in many other states in the United States, and is viewed as a seminal opinion in the development of the law of premises liability.
  3. There must be negligence or some other wrongful act. In recent years, the law of premises liability has evolved to include cases where a person is injured on the premises of another by a third person's wrongful act, such as an assault. These cases are sometimes referred to as "third party premises liability" cases and they represent a highly complex and dynamic area of tort law. They pose especially complex legal issues of duty and causation because the injured party is seeking to hold a possessor or owner of property directly or vicariously liable when the immediate injury-producing act was, arguably, not caused by the possessor or owner.

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Famous quotes containing the word premises:

    Men have defined the parameters of every subject. All feminist arguments, however radical in intent or consequence, are with or against assertions or premises implicit in the male system, which is made credible or authentic by the power of men to name.
    Andrea Dworkin (b. 1946)