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Understanding the Differences Between Premises Liability ...

Understanding the Differences Between Premises Liability and Negligence Kirsten A. Davenport Joanna M. Tollenaere Cooper & Scully, 900 Jackson Street, Suite 100. Dallas, TX 75202. Telephone: 214- 214-712- 712-9500. Telecopy: 214- 214-712- 712-9540. Email: First of The failure to exercise such care as an ordinarily prudent person would have exercised under the same or similar circumstances. Negligence is accidental as distinguished from intentional torts. 2. Negligence The elements of a cause of action for negligence are the following: 1. The defendant owed a legal duty to the plaintiff;. 2. The defendant breached the duty; and 3. The breach proximately caused the plaintiff's injury. 3. Understanding each 1. The defendant owed a legal duty to the plaintiff Why is the existence of a legal duty important? Without a legal duty, a defendant cannot be held liable in tort. 4. 2. The defendant breached the A legal duty is breached when a defendant does not meet the required standard of care.

Understanding the Differences Between Premises Liability and Negligence Kirsten A. Davenport Joanna M. Tollenaere Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Dallas, TX 75202 Telephone: 214 -712 -9500 Telecopy: 214 -712 -9540 Email: Kirsten.davenport@cooperscully.com Joanna.tollenaere@cooperscully.com

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