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The basics of premises liability

Premises liability is a variation of the tort theory of negligence. Negligence allows anyone to recover for the harm they suffer due to the negligent actions (or inactions) of another person. Premises liability deals specifically with injuries that occur on real property (i.e. land and buildings). This post will go over the basics of premises liability and how it is treated by the states.

To establish a valid claim for negligence, you must prove that (1) the defendant owed you a duty (2) that she breached that duty (3) which caused (4) you harm. Currently, there is a split among the states on how they treat premises liability matters. Most states continue utilizing the common law rules which define the duties that landowners owe to guests on their property based on the person?s relationship with the landowner. For example, a property owner owes no duty of care to trespassers (i.e. people who are on the property without permission), but they owe an enhanced duty for people who are on the property as clients or customers.

Conversely, many states reject the common law rules and adopt standard negligence. That means property owners some duty to safeguard trespassers (if they have reason to know there will be trespassers) from reasonably known dangerous conditions. But that also means that property owners do not owe enhanced duties of care for clients or customers.

If you or a loved one was injured due to the negligent maintenance of a piece of property, then you may want to contact a lawyer for assistance ? you could have a valid claim for personal injury. An attorney can walk you through the various pitfalls and issues that could derail your claim. You were the victim; you shouldn?t have to pay for your medical expenses. A lawyer can help you the money you need to rebuild your life.

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