property owner liability

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What Is The Legal Standard In A Premises Liability Case?

In a premises liability case, the legal standard varies depending on the injured party’s status on the property, applicable state law, and the specific circumstances of the incident. Property owners owe different duties of care to different groups of people, such as invitees, licensees, and trespassers. The standard for invitees, such as customers in a store, is the highest and requires the property owner to maintain the premises in a reasonably safe condition and to warn invitees of any known or foreseeable hazards. Licensees, such as social guests, are owed a lower duty of care, which requires the property owner to warn of known or hidden dangers that are not obvious. Trespassers are typically owed no duty of care unless the property owner knew or should have known about the trespasser’s presence and a danger existed. Ultimately, the legal standard in a premises liability case will depend on the specific facts of the case and the applicable state law.

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What Is The Statute Of Limitations For A Premises Liability Case?

Statute Of Limitations For Premises Liability Any filing deadlines for a case will be determine by the personal injury statute of limitations for premises liability in the state that has jurisdiction over the matter. California Code of Civil Procedure section 335.1 sets a two year deadline for the filing of “An action for… injury to, …

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