The Law of Liability Premises Duty Owed
The purpose of this course is to better equip you in your professional activities as an Insurance Agent or Insurance Adjuster.
The purpose of this course is to provide you with the tools to better understand Liability exposures your customers/insureds are exposed to. If you are an Agent, this course will assist you in your assessment of risk and the insurance products you recommend. If you are a Claims Adjuster this course will assist you in your assessment of the Legal Liability your insured may be responsible for; or in some cases… not responsible for.
This course makes a few assumptions about you the student:
- You are a currently licensed Insurance Agent or Adjuster.
- You are interested in additional information, resources, and knowledge regarding insurance and the legal environment of business in general.
This course is meant to serve as a primer to premises liability law. Certain legal concepts regulating premises liability claims must be understood by those engaged in Liability Insurance sales and claims:
- What duties does the landowner owe to those on the premises?
- In what situations is liability likely or unlikely?
- What about the plaintiff’s duty to watch out for his or her own safety?
- What rules apply in specific situations?
- How will a court look at the case of a customer who slips on ice in a parking lot, stumbles over a crack in a sidewalk, slips on a foreign substance inside the store, fails to negotiate a step, or is assaulted by another patron?
- Which parties may be liable?
- What happens when the case goes to court?
This course analyses a vast corpus of law, which is mostly made up of court judgments. The owner, renter, management firm, or other organization in possession of the premises is referred to as the “possessor” or “proprietor.” These are the typical suspects, or defendants, in a premises liability case, together with any contractors. In most cases, the person in ownership and control of the premises owes an entrant on the premises some kind of legal duty; the actual issue is the extent of that duty. Another important duty is whether a specific person owes any legal obligations at all.