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The basics of premises liability, Part 1

Premises liability is a variation of personal injury tort liability that focuses on injuries that occur on real property (i.e. land and buildings). Premises liability slightly modifies the traditional negligence analysis as it relates to property owners and the duties that they owe to a variety of different potential types of plaintiffs. This post will provide an overview of premises liability and the difference between it and traditional negligence.

To secure compensation under negligence, you must prove that the defendant (1) owed you a duty that (2) she breached which (3) caused your injury and (4) resulted in damage to your property or injury to your person. Premises liability modifies the traditional negligence analysis by altering the nature of the duty that property owners owe to guests or people present on their property.

But there is a split among the states. Under the common law, the status of the person on the property dictated nature of the duties owed. Conversely, some states have rejected these constructions and apply the traditional negligence analysis (except in a few situations). A later post will discuss the specifics how these various theories operate and how they could affect you.

Were you or a loved one injured in a slip-and-fall accident? If so, then you may want to contact a lawyer to review your rights ? you could have an actionable claim for personal injury and premises liability. Litigating a premises liability suit because the legal rules and standards change based on who the property owner is, the nature of the accident, and your relationship with the property owner. An attorney can guide you through the various legal issues and assist you in obtaining the compensation you need to pay for your medical expenses.

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The Law Firm of David C. Chavez, LLC
651 Highway 314 SW
P.O. Box 1615
Los Lunas, NM 87031

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