Tag Archives: PremisesLiability

What is Premises Liability?

Property owners have certain obligations to protect visitors and guests. However, the owner is not automatically liable for every accident or injury that occurs on his or her land. In this video, attorney Christopher Castro explores the complexities of the law as he discusses the question: what is premises liability? Video Transcription Premises liability includes cases that are on someone’s land. Or in their store. Or on their central, their premises. And premises liability cases, I would have to say to you, are quite difficult. Just from the jump. The law is not too, say, skewed in the favor of the landowner. But there are certain obligations that the injured party has to carry in order to prove a claim versus a premises owner. And those obligations, oftentimes, even though it’s simple to the injured party or, in their mind said, they believe I got hurt on that person’s premises,…
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If I Slip and Fall in a Store, Is It My Fault?

An Orleans Parish woman has accused Dollar Tree Stores Inc., Wayland Charles and ABC Insurance Company of negligence. The woman filed a complaint stating that she was walking through a New Orleans Dollar Tree store when she stepped on liquid that was left on the ground. She fell, suffering injuries. Dollar Tree faces accusations of negligence for failing to clean up the mess, failure to warn of the danger presented by the puddle of liquid and negligence in management. When I Slip and Fall at a Store, When Is It the Store’s Fault? It can be easy for outside viewers to blame the victim of a slip-and-fall accident for their injuries. But businesses that welcome the public onto their premises have a legal duty to keep individuals reasonably safe; this goes for giant department stores all the way down to small independent stores. The theory of premises liability is that…
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Would I Be Liable for a Trespassing Child’s Injuries on My Property?

A person who owns property owes no duty of care to see that his property is safe for a person who enters it unlawfully. So long as the property owner does not willfully or wantonly harm the trespasser, he will traditionally not be liable. At the same time, most children cannot grasp the idea of trespassing and may do so unintentionally. For this reason, a modified set of rules applies to them, known as attractive nuisance law. Attractive Nuisance Law for Trespassing Children Under this doctrine, a property owner has a duty to exercise reasonable care for children who trespass onto his property. There are many nuanced factors influencing whether courts impose or deny liability, but most are conditional on the following factors. Artificial feature – A property owner is not responsible for dangerous features on their land that occur naturally. For example, if a child fell out of a…
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