Premises Liability Case Study

(c) Notwithstanding Subsection (b), an owner, lessee, or occupant of land may be liable for injury to a child caused by a highly dangerous artificial condition on the land if:

Shalene Kolchek can sue Val Porter, a dealer who sells and sold the spa to Kolchek to recover Litisha’s injuries under the product liability for misrepresentation. She can also sue Great Lakes to recover Litisha’s injuries under the product liability based on negligence and strict product liability.

stating that he is liable and fully responsible for any damages that occur on the property, and that

After taking into account the facts and the laws applicable to the case of Mr. Newhouse, the issue of whether Lion’s Paint Store owed Mr. Newhouse any duty of care; it is clear that under Michigan law governing premises liability, the highest of care is owed to an invitee who enters upon a premises by either expressed or implied invitation for the purpose of commercial benefit to the premises owner. The slip and fall incident resulting in Mr. Newhouse sustaining injuries falls under a breach of legal duty by Lion’s Paint Store to ensure the safety of invitees from unreasonable risk of harm therefore, the paint store is liable for negligence on their part by failure to inspect the premises at reasonable times to determine circumstances that

Landlords and business owners owe a duty to their tenants and patrons for foreseeable criminal acts of third parties that are committed on The approach to premises liability is based on the relationship between the parties at the time of injury. (ROWE) As the legal status of the visitor improves, the possessor of the land owes more of an obligation of protection. (ROWE). In Rowe, where an officer was injured while checking a vacant building, the court ruled that the landowners had a duty even though the officer was aware of the condition. The court reasoned in Rowe that the officer had the status of an licensee and the landowner owed a duty to warn of any dangerous conditions that the landowner new of or had reason to know and of which the officer

Trip and fall or slip and fall cases are also referred to a premises liability. A claim such as this generally arises due to a defect in the property’s floor that causes an individual to trip or slip and fall. The act of tripping or slipping on someone’s property does not automatically trigger liability. The fact that the defect exists is irrelevant unless evidence establishes that the property owner was aware of the defect and neglected to fix it.

In the above scenario, how would you know which entity is responsible for your fall? Is it the city, which may have a duty to maintain its sidewalks? Or is it the store located

The facts surrounding this loss, as presented to us are as follows; Andy Crawford was cleaning the roof of the insured travel trailer when he fell and was injured. At the time of the loss the travel trailer was parked in the street outside of your residence. We have compared the incident with the provisions of your insurance policy. Our review concludes that there is no coverage for the injury as it occured while the travel trailer was parked on the street outside your home and was not being used for recreational or dwelling purposes at the time that the loss

valuables but also the accountability to other people injured in the house during a mishap. A relative or pet who may be hurt are liable to receive a compensation and the insurance will cover legal defense costs in case the occupant is charged or taken to court.

exactly who is liable for what in the event of damages occurring to whatever property the

When your tenant, customer or guest is injured in the premises of your home or business.

The issue in this case as it relates to the Kentucky tort of negligence is governed by rules or principles established by the courts. The elements of negligence are a duty the defendant owes to the plaintiff, a breach of that duty by the defendant, a causal connection between the breach and the plaintiff's injury, and actual injury. In the absence of any one of these elements, no cause of action for negligence will lie.

Liability Coverage-Damaged property and physical injury fall under this coverage. It pays litigation costs in case you are sued by an individual for your negligence. Damages caused by your pets or farm animals are also covered under this policy.

The attorney for the plaintiff will call on a list of professionals that will testify in the slip and fall case that the defendant did not fully maintain the property in a fashion that met industry standards. Thus, resulting in a dangerous condition that led to the slip and fall accident. The attorney for the plaintiff must also prove that the owner of the property was fully aware of the condition and did not take steps to correct the issue. Often, this is difficult to establish in a court of law without the expertise of an experienced slip and fall

We carry both general liability and workers’ compensation insurance, giving you the assurance that your property and our employees are covered in the event of an accident.