BUSINESS PREMISES LIABILITY

BUSINESS PREMISES LIABILITY

In the most general terms, Restatement (Second) of Torts §343 defines the duty of care owed by a business owner to its business invitees, and establishes that the possessor of land is liable to a business invitee if the possessor: knows or by the exercise of reasonable care would discover the condition, and should realize Read More

Business Owner Liability For Private Parking Lot Designs

Business owners often maintain private parking lots for their business customers.  Those customers are business invitees to whom the highest degree of care is owed.  The highest degree of care includes an obligation to design the parking lot to provide a measure of protection to pedestrians against being struck by motor vehicles (among other issues). Read More

OWNER LIABILITY FOR DOG BITES

Up to four different legal theories address how owners of dogs may be exposed to liability in the event the dog bites someone.  The rational of each is quite different. Under the first theory, if the owner is aware of the dangerous propensities of the dog, the owner is under a common law duty to Read More

HISTORY OF LIVESTOCK LAW IN MISSOURI

People who own livestock (sheep, cattle, horses, etc.) are often liable for damages caused should their stock escape their enclosure and cause damage or injury.  The cause of action under the stock law is a very specific cause of action, filed under §270.010, RSMo.  This cause of action is strictly statutory, based on the claim Read More

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