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What is premises liability? Part 1

Premises liability is a tort theory of liability that is premised on "negligence." The vast majority of tort-related cases are outgrowths from negligence. Negligence mostly holds that victims are entitled to compensation if they were injured due to the negligent actions or inactions of another. Premises liability is a type of negligence theory of recovery based on injuries that occur on real property (i.e. land or buildings). This post will go over the basics of premises liability.

Premises liability begins with the basic premise that landowners are responsible for injuries that occur on their property. From that basic supposition, numerous exceptions and rules are created. For example, premises liability covers everything from slip and falls in grocery stores to injuries due on amusement park rides.

Currently, states are divided into two camps regarding premises liability. Some states adhere to the common law standard which defined the liability and duties owed by a landowner based on the status of the person who enters their property. Essentially, it ranges from no duty, for people who trespass, to a heightened duty for people who visit the premises as a customer to the business.

The other states scrapped that standard and adopted the general "negligence" theory of recovery. That means landowners are liable for all harms that result from reasonably foreseeable incidents, in some ways, it is more expansive than the old standards, and in others, it is far more restrictive. A later post will delve into the specifics of each method and how it may affect you.

Were you severely injured in a grocery store or some other business? If so, you may want to contact an attorney. As illustrated above, investigating and litigating premises liability cases is complex and requires extensive experience. You can easily miss a major fact or piece of law that could redefine the entire case. You don?t need to figure this out on your own, and you shouldn?t pay for your medical bills. You were the victim; you deserve compensation to cover your medical bills. An attorney can help.

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