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Premises Liability

One of the more complex areas of law related to negligence focuses on the standard of care that a land possessor owes to a person injured on the land. In some jurisdictions, the law requires the possessor of the land to act reasonably in the maintenance of his or her land. In other jurisdictions, whether the person who is injured may recover from the land possessor depends on the person’s status when he or she was on the property.

If a person is invited onto a property, the land possessor is generally obligated to exercise some care with respect to the person’s safety. At the least, the land possessor must warn the person about dangers that are present on the property. A possessor of land does not, however, owe a duty to a person who enters the land without the occupier’s permission. Possible exceptions to the rule regarding trespassers apply when the trespasser frequently enters the land or when the trespasser is a child.

Inside Premises Liability