What does your state law or state statute say about what owners or occupiers’ duty is?
In a premises liability case, in order to understand what kind of investigation and discovery you want you must talk about the legal duty. What’s the legal duty that an owner or occupier of land owes to people that come onto their property? The law imposes certain duties on owners/occupiers of land. It can be a duty imposed by common law or by statute. But just because someone gets injured doesn’t mean that there has been a breach of that duty. Most jurisdictions state that proof of an accident or injury alone does not create liability.
Marlo Orlin Leach
Leach & Lowe LLC
- Managing member of Leach & Lowe LLC
- Focuses legal practice on tort, commercial, and environmental litigation
- Defends premises and product liability actions involving property damage and personal injury; including claims based on toxic torts, indoor air quality, and the manufacture and use of tools, machinery and chemicals
- Has spoken at national seminars on terms and conditions in purchase agreements and on warranties under Article 2 of the UCC
- Experienced in a variety of complex cases including business disputes, real estate and partnership disputes, RICO and fraud claims, breach of fiduciary duty claims, breach of warranty claims and complex contract matters
- Member of numerous professional and civic organizations
- J.D. degree, magna cum laude, Georgia State University College of Law; B.A. degree, Emory University
- Can be contacted at [email protected]
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