Tag Archives: duty
How Do Courts Evaluate “Duty” Under Premises Liability Law?
STATUTES MAY ESTABLISH THE EXISTENCE OF A DUTY Sometimes, the land owner’s duty (or the duty of someone who possesses or controls real property) is established by statute. Statutes–the formal word for laws created by a legislative or administrative body–establish various duties with which persons who own, control, or possess real property must comply. Where… Read More »
Negligence Arising From “Special Relationships”
THE LAW RECOGNIZES CERTAIN “SPECIAL RELATIONSHIPS” THAT MAY GIVE RISE TO NEGLIGENCE-RELATED DUTIES Legal liability for negligence requires four elements: (1) a legally recognized duty, (2) a breach of that duty, (3) causation, and (4) damages. Many duties are imposed or created by law, including duties that arise from the relationship between the relevant… Read More »
Understanding The Duty Of Care
UNLESS A DUTY OF CARE EXISTS, THERE CAN BE NO ACTIONABLE NEGLIGENCE The existence of a duty of care is a threshold requirement for negligence claims. Unless a duty of care exists, and unless the defendant owes that duty to the plaintiff who suffered injury, there can be no valid negligence claim. This is… Read More »
Who Can Be Held Liable For Premises Liability?
WHO IS LIABLE (AND WHO IS PROTECTED) UNDER PREMISES LIABILITY LAW? Premises liability law is often used to protect the rights of tenants or visitors who are injured or whose property suffers damage while visiting or doing business on someone else’s property. Generally speaking, the duty to repair and maintain property and improvements arises… Read More »
Breach of Duty: Violating the Standard of Care
NEGLIGENCE OCCURS WHEN A BREACH OF DUTY CAUSES INJURY. The existence of a duty, without more, does not create negligence liability. However, when a person violates a legally-recognized duty of care, and that breach of duty causes injury (or damage) to a person or property, negligence liability may result. WHEN HAS A PERSON BREACHED… Read More »
When is an Injury “Foreseeable”?
FORESEEABILITY IS A FACTOR IN DETERMINING A DEFENDANT’S DUTY IN NEGLIGENCE CASES When evaluating whether or not a defendant owed a duty of care to an injured plainitff, courts will often evaluate the foreseeability of the harm or injury. Where the plaintiff suffers only economic harm, foreseeability generally plays a lesser role than it does in… Read More »
What Kind of Legal “Duty” Supports a Negligence Case?
WITHOUT A LEGAL DUTY, THERE IS NO ACTIONABLE NEGLIGENCE. The existence of a legal duty is a fundamental element of a negligence case or claim. If the defendant did not owe a duty to the plaintiff, courts will not hold the defendant legally liable for the plaintiff’s injuries, even if the defendant was responsible for… Read More »
