Premise Liability Law

Negligence may be found if the ride was not in a safe condition, improperly maintained or inspected. Negligence may also be present if a park employee gave the visitor improper instructions, failed to provide proper warnings about the dangers of the ride, or operated the ride in such a way that the visitor was hurt. Employers are responsible for the actions of the employees, so injured visitors can sue the park owner if an employee fails to use reasonable care.

Section 2(b) of the Williams-Steiger Occupational Safety and Health Act (Public Law 91-596) sets forth the purpose and policy of Congress in enacting this legislation. In pertinent part, that section reads as follows: (b) Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States' and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources.

Dog bite law is a unique combination of city and county ordinances, state statutory law, state case law (i.e., legal principles that result from specific lawsuits within the state), and common law (i.e., legal principles resulting from specific lawsuits from throughout the United States, usually as reported in authoritative legal works such as the Restatement of Law).

SEC. 101. (a) The Secretary shall by rule in accordance with procedures set forth in this section and in accordance with section 553 of title 5, United States Code (without regard to any reference in such section to sections 556 and 557 of such title), develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal or other mines.

Limited duty: An owner, lessee, manager, holder of an easement or occupant of premises does not have a duty of care to keep the premises safe for entry or use by others for recreational or harvesting activities or to give warning of any hazardous condition, use, structure or activity on these premises to persons entering for those purposes. This subsection applies regardless of whether the owner, lessee, manager, holder of an easement or occupant has given permission to another to pursue recreational or harvesting activities on the premises.

Premises liability involves claims by an individual who is injured on the property of another. The injured party may bring a claim against the owner of the property or the person or entity occupying or controlling the property at the time of the injury. Liability for the claimant’s injury is generally the same whether the injured party brings an action against an owner or an occupier. The main exception to this rule is that a landlord who has fully parted with possession and the right to possession is subject to a special statutory provision which is fully discussed in the section entitled [Landlord Liability]. For the purposes of discussion, the owner or occupier will be referred to as the “owner,” and the person injured will be referred to as the “claimant.”

The owner is not the insurer of the safety of persons on the premises. The duty of care owed by the owner may vary depending on whether the person injured on the premises was an invitee, guest or trespasser. However, some jurisdictions have adopted the rule that an owner or occupier of land is held to a duty of reasonable care under all the circumstances.

The distinction under the common law between invitees and licensees as to the duty owed by an owner or occupier of any premises to such entrants is abolished. The duty owed to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them. The duty of reasonable care under the circumstances which an owner or occupier of land owes to such entrants does not include any of the following: a duty to warn of or otherwise take reasonable steps to protect such entrants from conditions on the premises that are known to the entrant, are open and obvious, or can reasonably be expected to be discovered by the entrant; a duty to warn of latent defects or dangers or defects or dangers unknown to the owner or occupier of the premises; a duty to warn such entrants of any dangers resulting from misuse by the entrants of the premises or anything affixed to or located on the premises; or a duty to protect such entrants from their own misuse of the premises or anything affixed to or located on the premises.

This section consists of law cases that deal with various aspects of the liability of a land owner or occupier for injuries occurring to others on his or her property. There are other materials at the site related to landowner's liabilities. Select Statutes for Horsemen: Livestock Laws for a collection of statutes dealing with fencing laws. Select Statutes for Horsemen: Recreational Use Statues for a collection of statutes dealing with limiting liability of a landowner for injuries to a person he or she has permitted to have access to his or her property without charge.

Restatement of the Law Third, Torts: Apportionment of Liability, constitutes the second portion to be published of The American Law Institute’s Restatement Third of Torts, superseding and significantly expanding upon the comparable provisions of Restatement Second, completed in 1979. This comprehensive new work formulates clear principles of law governing apportionment of liability in cases when account must be taken of conduct by more actors than a single plaintiff and single defendant; of different degrees of blameworthiness; of the effect on parties with derivative claims; or different tort claims (e.g. strict liability, negligence, and intent) against different defendants in the same case. Apportionment of liability applies to all claims (including law suits and settlements) for death, personal injury (including emotional distress or consortium), or physical damage to tangible property damage, regardless of the basis of liability.

In some cases tort law imposes liability on defendants who are neither negligent nor guilty of intentional wrongdoing. Known as Strict Liability, or liability without fault, this branch of torts seeks to regulate those activities that are useful and necessary but that create abnormally dangerous risks to society. These activities include blasting, transporting hazardous materials, storing dangerous substances, and keeping certain wild animals in captivity.

The head of each Federal agency or his designee, in accordance with regulations prescribed by the Attorney General, may consider, ascertain, adjust, determine, compromise, and settle any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the agency while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

In 1993 Jaap Spier, at that time Professor at the University of Tilburg in the Netherlands, called together a working group to discuss the fundamental questions concerning tort law on a comparative basis. The limits of liability were first examined. The results of these deliberations were published in two volumes. Furthermore, the drafting of the European Principles of Tort Law has now been completed. These have been published by the European Group on Tort Law, accompanied by a commentary and several translations.

The European Group on Tort Law (formerly also called "Tilburg Group") is a group of scholars in the area of tort law established in 1992. The group meets regularly to discuss fundamental issues of tort law liability as well as recent developments and the future directions of the law of tort. The Group has drafted a collection of Principles of European Tort Law similar to the Principles of European Contract Law drafted by the European Contract Law Commission ("Lando Commission").

An Act to amend the law of England and Wales as to the liability of persons as occupiers of premises for injury suffered by persons other than their visitors; and to amend the Unfair Contract Terms Act 1977, as it applies to England and Wales, in relation to persons obtaining access to premises for recreational or educational purposes.

ATRA was founded in 1986 by the American Council of Engineering Companies. Shortly thereafter, the American Medical Association joined them. Since that time, ATRA has been working to bring greater fairness, predictability and efficiency to America's civil justice system. Those efforts have resulted in the enactment of state and federal laws that make the system fairer for everyone. Further, ATRA is a nonpartisan, nonprofit organization with affiliated coalitions in more than 40 states. We are the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA's membership is diverse and includes nonprofits, small and large companies, as well as state and national trade, business, and professional associations.

The mission of the NAIC is to assist state insurance regulators, individually and collectively, in serving the public interest and achieving the following fundamental insurance regulatory goals in a responsive, efficient and cost effective manner, consistent with the wishes of its members: Protect the public interest; Promote competitive markets; Facilitate the fair and equitable treatment of insurance consumers; Promote the reliability, solvency and financial solidity of insurance institutions; and Support and improve state regulation of insurance.

In June 1992, CDC established the National Center for Injury Prevention and Control (NCIPC). As the lead federal agency for injury prevention, NCIPC works closely with other federal agencies; national, state, and local organizations; state and local health departments; and research institutions.

Each year, more than 200,000 children go to U.S. hospital emergency rooms with injuries associated with playground equipment. Most injuries occur when a child falls from the equipment onto the ground. Use this simple checklist to help make sure your local community or school playground is a safe place to play.

This selective guide highlights major print and electronic resources available to Cleveland-Marshall College of Law students researching issues in Torts and Personal Injury Law. Tort law concerns injuries to and interference with persons or property, including intentional wrongs such as assault, battery and false imprisonment, and unintentional wrongs, especially the law of negligence and products liability. Causation, duty, contributory negligence, assumption of risk and immunities are important tort law concepts.

Articles written by attorneys and experts worldwide discussing legal aspects related to Tort and Personal Injury including: animal bites, asbestos mesothelioma, back and neck injury, bicycle accident, birth injury, brain injury, burn injuries, catastrophic injuries, construction accidents, construction injuries, defamation, libel and slander, defective products, industrial injuries, mass tort, negligence, nursing home abuse, pedestrian accident, personal injury, premises liability, product liability, sexual abuse, slip and fall, spinal cord injury, torts, toxic mold, toxic torts, workplace injuries and wrongful death.