Mcshane & Brady
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SURPRISING PREMISES LIABILITY CASES

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What IS Premises Liability, and why should I care?

When someone enters your property, they have a reasonable expectation of not getting injured. Known as "premises liability", this means that you, as a property owner (or non-owner resident), are responsible for maintaining a relatively safe environment. For example, a courier delivering a package may sue you for injuries if he slips and falls on an oil slick in the driveway.

An individual's liability for injuries is determined by the laws and procedures of the state in which the injury occurred. In some states, the court will focus on the status of the injured visitor in determining liability. In other states, the focus will be on the condition of the property and the activities of both the owner and visitor.

Which leads us to an interesting case filled in California in 2012...

On the night of January 3, 2012 Samuel Cutrufelli kicked in the door of Marin County resident Jay Leone, a 90 year old WWII veteran, then proceeded to hold Leone at gunpoint while he scoured the house for valuables. After awhile, Leone insisted he had to use the bathroom. Convincing his captor to let him go, Leone grabbed the .357 revolver he had stashed in the bathroom, and returned to point it at the burglar. Shots were fired with both Leone and Cutrufelli being hit. The surprise came when Leone, recovering from his wounds in the hospital, was notified he was being sued by Cutrufelli for negligently shooting an intruder! http://www.cbsnews.com/news/burglar-sues-calif-homeowner-90-who-returned-fire/

Premises Liability is no laughing matter. If you should find yourself being sued for injuries incurred while on your property, contact McShane and Brady Law today at 816-888-8010.

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