Premises
Encyclopedia
Premises are land and building
s together considered as a property
. This usage arose from property
owners finding the word in their title deeds, where it originally correctly meant "the aforementioned; what this document is about", from Latin
prae-missus = "placed before".
In this sense, the word is always used in the plural, but singular in construction. Note that a single house or a single other piece of property is "premises", not a "premise", although the word "premises" is plural in form as in "The equipment is located on the customer's premises" and never "The equipment is located on the customer's premise".
s that occur on the real property
. This can range from things from injuries caused by "liable for injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs or benches". In sum:
For premises liability to apply:
student, survived a violent abduction
in her North Tampa
apartment complex in 2001. Two men sneaked past the complex’s security gate, and shot the 20-year-old student three times in the head. The landmark negligent security case won Chau $15.7 million in damages in 2004.
Fred Zinober, who helped represent Chau, said "it never would have happened to Lai Chau," had the property owners not allowed negligent security at The Remington complex.
"We really believe that people will pay an additional $12 or $13 (per month) to be safe," Zinober remarked of security upgrades during the trial.
law. A pedestrian who was hit by a car in the parking lot
of a strip mall
was unable to sue the defendant
mall owner, because the driver and owner of the vehicle were 100% liable for plaintiff
's injuries.
, it is voluntary according to the USDA, but may be mandatory for each state.
As of January 13, 2009 the USDA has entered into the federal register a document which provides for the expansion of implementation of a mandatory national animal identification system to be effective January 2010. Citizens may go here http://www.regulations.gov/#!docketDetail;D=APHIS-2007-0096
to enter their comments and concerns about the expected effects of such limitations imposed by this action.
Building
In architecture, construction, engineering, real estate development and technology the word building may refer to one of the following:...
s together considered as a property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
. This usage arose from property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
owners finding the word in their title deeds, where it originally correctly meant "the aforementioned; what this document is about", from Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
prae-missus = "placed before".
In this sense, the word is always used in the plural, but singular in construction. Note that a single house or a single other piece of property is "premises", not a "premise", although the word "premises" is plural in form as in "The equipment is located on the customer's premises" and never "The equipment is located on the customer's premise".
Premises liability
Premises liability is the liability for a landowner for certain tortTort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
s that occur on the real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
. This can range from things from injuries caused by "liable for injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs or benches". In sum:
For premises liability to apply:
- The defendant must possess the land or "premises".
- The plaintiff must be an inviteeInviteeIn the law of torts, an invitee is a person who is invited to land by the possessor of the land as a member of the public or one who is invited to the land for the purpose of business dealings with the possessor of the land...
or, in certain cases, a licenseeLicenseeA licensee is someone who has been granted a licence.- Tort law :The term is used in the USA law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter...
. Traditionally, trespassTrespassTrespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
ers were not protected under premises liability law. However, in 1968, the California Supreme Court issued a vastly influential opinion, entitled Rowland v. Christian (1968) 69 Cal.2d 108, which abolished the significance of legal distinctions such as invitee, licensee, or trespasser in determining whether one could hold the possessor of a premises liable for harm. This opinion led to changes in the law in many other states in the United States, and is viewed as a seminal opinion in the development of the law of premises liability. - There must be negligenceNegligenceNegligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
or some other wrongful act. In recent years, the law of premises liability has evolved to include cases where a person is injured on the premises of another by a third person's wrongful act, such as an assault. These cases are sometimes referred to as "third party premises liability" cases and they represent a highly complex and dynamic area of tort law. They pose especially complex legal issues of duty and causation because the injured party is seeking to hold a possessor or owner of property directly or vicariously liable when the immediate injury-producing act was, arguably, not caused by the possessor or owner.
Lai Chau v. Southstar Equity Limited Co. and Brookside Properties Inc.
Lai Chau, a former University of South FloridaUniversity of South Florida
The University of South Florida, also known as USF, is a member institution of the State University System of Florida, one of the state's three flagship universities for public research, and is located in Tampa, Florida, USA...
student, survived a violent abduction
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
in her North Tampa
Tâmpa
Tâmpa may refer to several villages in Romania:* Tâmpa, a village in Băcia Commune, Hunedoara County* Tâmpa, a village in Miercurea Nirajului, Mureş County* Tâmpa, a mountain in Braşov city...
apartment complex in 2001. Two men sneaked past the complex’s security gate, and shot the 20-year-old student three times in the head. The landmark negligent security case won Chau $15.7 million in damages in 2004.
Fred Zinober, who helped represent Chau, said "it never would have happened to Lai Chau," had the property owners not allowed negligent security at The Remington complex.
"We really believe that people will pay an additional $12 or $13 (per month) to be safe," Zinober remarked of security upgrades during the trial.
Morales v. Lia
Morales v. Lia is the leading modern case in New YorkNew York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
law. A pedestrian who was hit by a car in the parking lot
Parking lot
A parking lot , also known as car lot, is a cleared area that is intended for parking vehicles. Usually, the term refers to a dedicated area that has been provided with a durable or semi-durable surface....
of a strip mall
Strip mall
A strip mall is an open-area shopping center where the stores are arranged in a row, with a sidewalk in front. Strip malls are typically developed as a unit and have large parking lots in front...
was unable to sue the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
mall owner, because the driver and owner of the vehicle were 100% liable for plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
's injuries.
Premises registration
Premises registration is "a way to locate where livestock or dead animals are kept or congregated." In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, it is voluntary according to the USDA, but may be mandatory for each state.
As of January 13, 2009 the USDA has entered into the federal register a document which provides for the expansion of implementation of a mandatory national animal identification system to be effective January 2010. Citizens may go here http://www.regulations.gov/#!docketDetail;D=APHIS-2007-0096
to enter their comments and concerns about the expected effects of such limitations imposed by this action.