Marikina, Philippines (PressExposure) April 24, 2008 -- Premises liability is the liability for a landowner for certain torts that occur on the real property. Tort law is the body of law that creates, and provides remedies for, civil wrongs that do not arise out of contractual duties. Tort law works as a way for an entity to receive sufficient compensations to who ever is responsible for the entityâs injury.
Deliberate torts causing bodily harm, property harm, business, are ruled as crimes in the court system. For example, If a man throws a ball in the air, then hits a pedestrian, the pedestrian may sue the ball thrower for losses occasioned by the accident (for example, costs of medical treatment or lost income during time off work). Check out what North Carolina premises liability can provide about this.
Whether or not the pedestrian wins will depend on whether he can prove the thrower engaged in tortuous conduct in injuring the pedestrian, most typically, by failing to exercise ordinary care in undertaking the activity that caused the injury.
In much of the western world, the touchstone of tort liability is negligence. Unless the injured person can prove that the person they believe injured them acted with at least negligence to cause their injury, tort law will not compensate them. Visit the North Carolina premises liability to find out more about this.
In tort law, potential "injuries" are defined broadly. Injury does not just mean a physical injury such as the passer is struck by a ball. "Injuries" in tort law reflect any invasion of any number of individual "interests." This includes interests recognized in other areas of law, such as property rights.
Actions for nuisance and trespass to land can arise from interfering with rights in real property. Conversion and trespass to chattels can protect interference with movable property. Interests in prospective economic advantages from contracts can also be injured and become the subject of tort actions.
The law of tort can be categorized as part of the law of obligations, but, unlike voluntarily assumed obligations, the duties imposed by the law of tort apply to the entire subject relevant to the jurisdiction. To behave 'tortuously' is to harm another's body, property, or legal rights, or, possibly, to breach a duty owed under statute. If you want more information about premises liability and tort law, then visit North Carolina premises liability for more details.