Report Assignment: Premises Liability in Negligence
Background: Premises liability is a part of negligence law, whereby property owners or lessees have a very high duty of care to persons on the property, or premises. This duty is highest for invitees (those coming onto land at the public invitation and for the benefit of the owners/possessors of land (i.e., a retail store, etc). on the property, and for contemporary businesses, represents enormous negligence liability. The relevant law in this area is often referred to as premises liability law. The liability standard is very close to “make the premises safe” – period – and certainly make them safe from known dangers, dangers that aren’t known but should be known, and dangers that are reasonably discoverable. Warning signs may reduce liability or damages, but is not a guarantee, and usually does not reduce liability for injuries to invitees.
1. Find an article (from 2006-11) that discusses premises liability in negligence in businesses. The article may discuss the topic in general or focus on a particular case or industry. However, please do not merely use a case opinion; discuss a case(s) in the context of the article only.
Please do the following:
a. Summarize the article – 1 paragraph
II. Analysis of topic – 3-4 paragraphs
Discuss the implications of premises liability for business in general, or for business in a specific industry – 3-4 substantive paragraphs
• discuss, for example, how/why premises is a particular liability risk, how premises liability might affect long term business planning and goals, how premises liability might affect business operations, etc.
• discuss, for example, whether you believe the current enormous risk of premises liability equitably should be reduced somewhat: why or why not and how.
• consider, for example, current fundamental public policy relevant to premises liability advocates that businesses have superior knowledge of risks on their property premises, sufficient opportunity and duty to fully remedy any dangers/risks, and that businesses have superior resources to compensate injured parties/invitees for injuries occurring on their property premises than do consumers.
• consider, for example, that damages paid in compensation to injured invitees may often be passed along to consumers in higher prices.
• consider positive and negative effects of premises liability for business
• consider advantages/disadvantages for plaintiffs, etc
These are mere guidelines, suggestions for discussion and your discussion should not be limited to these suggestions. You should interject ideas gleaned from the article, as well as your own ideas.
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