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Premises Liability Law

Published on September 9th, 2013

PREMISES LIABILITY LAW

Premises liability law addresses that area that determines whether property owners are legally responsible for injuries that occur on their land.

Most of the potential claims that fall under the spectrum of premises liability law involve injuries arising out of either a “slip and fall” or a “trip and fall.” Many people mistakenly think that since they fell in someone else’s store or on someone else’s sidewalk or land, the property owner is automatically responsible. In fact, there are hurdles which must be overcome before any damages are awarded. In order to establish liability, the injured party must establish:

A dangerous condition existed on the property;
The owner either actually knew or should have known about the dangerous condition;
The dangerous condition caused the victim’s injuries;
The owner owed a duty of care to the victim; and
The owner breached the duty of care.
Suffice to say, these can be difficult to prove without sufficient evidence.

The attorneys at Shea Law Group will work on identifying the parties, the proper duty of care, and anticipating immunities and defenses.

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