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Premises Liability Law

Premises Liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. Although some premises cases, such as so-called “slip and fall” cases, can seem simple, in some states the law now very much favors the premises owner. Thus, in assessing a premises liability case, it is often helpful to consult with a lawyer. A premises owner faced with a lawsuit should file a claim with his insurance carrier.

Possession of Premises

Within the context of premises liability, a person “possesses” land or premises when:

* The person is in occupation of the land with intent to control it;
* The person has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it; or
* The person is entitled to immediate occupation of the land, if no other person is in possession as just defined.