Premises Liability Law and Practice

The American law of premises liability is largely based on English common law principles which impose different duties on a land owner or possessor based on the status of the plaintiff as a trespasser, licensee or invitee. Today, many American courts are reexamining their allegiance to the English system of rigid classifications and are moving towards more mainstream tort principles. In this and other areas, premises The American law of premises liability is largely based on English common law principles which impose different duties on a land owner or possessor based on the status of the plaintiff as a trespasser, licensee or invitee. Today, many American courts are reexamining their allegiance to the English system of rigid classifications and are moving towards more mainstream tort principles. In this and other areas, premises The American law of premises liability is largely based on English common law principles which impose different duties on a land owner or possessor based on the status of the plaintiff as a trespasser, licensee or invitee. Today, many American courts are reexamining their allegiance to the English system of rigid classifications and are moving towards more mainstream tort principles. In this and other areas, premises The American law of premises liability is largely based on English common law principles which impose different duties on a land owner or possessor based on the status of the plaintiff as a trespasser, licensee or invitee. Today, many American courts are reexamining their allegiance to the English system of rigid classifications and are moving towards more mainstream tort principles. In this and other areas, premises liability law has moved from a seemingly settled body of jurisprudence to an area of the law that is changing and developing to conform to the demands of modern society.

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•  Liability of a property owner for the criminal acts of third parties
•  Premises liability in cooperatives and condominiums
•  Liability of retail establishments
•  Liability of a landlord to tenants and third parties
•  "Pot-hole" laws affecting the liability of governmental entities for injuries sustained as a result of the defective condition of streets and sidewalks
•  "Slip and fall" accidents
•  Liability of an owner or employer for the negligence of a contractor
•  Architectural and structural defects

Premises Liability also provides invaluable practice material for handling every phase of a case.

You will find:

•  Trial transcripts with commentary demonstrating techniques for providing or disproving a claim
•  Pleading and practice forms, including illustrative complaints, interrogatories, trial briefs and checklists
•  Illustrative damage awards

First published in 1987.

Also available on Authority Personal Injury Law Library CD-ROM.

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Table of contents

Part I Basic Concepts 

  Chapter 1 The General Law Of Premises Liability

Part II Types of Premises

  Chapter 2 Undeveloped Land

  Chapter 3 Residential Property

  Chapter 4 Commercial Property

  Chapter 4a School Premises

  Chapter 5 Recreational Premises

  Chapter 6 Elevators and Escalators

  Chapter 7 Construction Sites

  Chapter 8 Streets and Sidewalks

Part III Types of Actions

  Chapter 8a Slip and Fall Injuries

  Chapter 8b Criminal Attacks

  Chapter 8c Injuries Caused By Animals

  Chapter 8d Falling Objects

Part IV Responsible Parties

  Chapter 9 Landowners or Possessors

  Chapter 9A Lessors

  Chapter 10 Vendors

  Chapter 11 Architects and Engineers

  Chapter 12 Actions against Governmental Entities

  Chapter 12A Common Carriers

Part V Defenses

  Chapter 13 Contributory and Comparative Negligence

  Chapter 14 Assumption of the Risk

  Chapter 15 Lack of Causation

  Chapter 16 Statutes of Limitation and Repose

  Chapter 17 Reserved

Part VI Special Issues

  Chapter 18 Toxic Torts

  Chapter 19 Liability for Alcohol-Related Injuries

  Chapter 19A Children

Part VII Practice Materials

  Chapter 19B Illustrative Awards

  Chapter 20 Investigation of the Case

  Chapter 21 Checklists

  Chapter 22 Direct Examination of Expert Witnesses

  Chapter 23 Cross Examination of Expert Witnesses

  Chapter 24 Direct Examination of Lay Witnesses

  Chapter 25 Cross Examination of Lay Witnesses

  Chapters 26 Through 29 Reserved

  Chapter 30 Forms