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Premises Liability Cases in Staten Island


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5/18/2009
Frank J. Dito, Jr.
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Premises liability is a legal term used to describe the responsibility that a property owner has for certain injuries that occur on the premises.  There are criteria that must be met in order to have a premises liability claim.

For a premises liability claim to exist, it must be proven that the defendant possesses the property or premises and that the plaintiff was an invitee or licensee at the time the injury occurred.  An invitee is typically someone the property owner invites on the premises, but may also include a business visitor.  A licensee is someone who may not have been invited onto the premises, but is allowed, such as a social visitor.  In a premises liability case, the owner is not necessarily responsible for injuries sustained by a trespasser, as long as the property owner’s negligence was not intentional or reckless.  However, children are an exception.

In order to have a successful premises liability lawsuit, it must also be shown that negligence or some wrongful act caused injury.  For example, if a property owner knew or should have known about a danger, did nothing to correct it and someone was later injured, that owner can be held responsible in a premises liability case.



Category: Personal Injury


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