§4.3 - The General Standard of Care Is Based in Negligence

JurisdictionWashington

§4.3THE GENERAL STANDARD OF CARE IS BASED IN NEGLIGENCE

Premises liability law may be generally described as a branch of tort law, or more specifically, as a negligence-based body of law. Therefore, most premises liability cases follow the usual negligence analysis: (1) what was the status of the entrant and what was the corresponding standard of care; (2) was the duty breached; and (3) were damages proximately caused? The land possessor's scope of duty is determined by the status of the entrant as invitee, licensee, or trespasser, and the actions specifically required of the possessor vary, depending on the status of the entrant and the particular circumstances.

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