Restatement of torts

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The first secondary source I chose is in regard to the premise liability and is the Restatement (second) of torts § 343 (1965), this states that a landowner is liable for injury that occurs to an invitee by a condition of their property only if they are aware of the condition or should reasonably have constructive knowledge of that condition, and the invitee will not discover or realize the danger. Additionally, the owner needs to fail to exercise reasonable care to protect invitees from danger (The American Law Institute, 2010). I learned the elements to premises liability and that all the individual elements must be met. This definition is used as a guideline in both my jurisdiction (Massachusetts), and the jurisdiction in the scenario (Indiana).

Reference no: EM13926851

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