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Hailey Hester's Guide Florida Premises Liability: Secondary Sources

Secondary Sources and Why They Matter

Secondary Sources offer an excellent starting place to jump start your research and an overview of the law no matter what topic you're researching. secondary sources can often lead you to seminole cases that dictate the law in that area. These resources are available in print in most Law School Library Resources, as well as online through Legal Resource websites including Lexis and Westlaw.

Treatises

In the context of premises liability, treatises provide an in-depth analysis and guidance on the legal principles associated with this area of law. Although specific treatises may vary, a general synopsis of treatises may cover the following aspects of premises liability:

1. Legal Foundations: Treatises often begin by establishing the foundational legal principles of premises liability in Florida, including relevant statutes, regulations, and case law that form the basis of understanding rights and responsibilities for property owners and occupants.

2. Duty of Care: A crucial aspect of premises liability is determining the duty of care owed by the property/business owner to individuals entering onto their land. Treatises delve into the standards and factors that influence duty of care including legal status the individual and the foreseeability of harm. 

3. Negligence and Causation: Treatises explore the concept of negligence in premises liability case, outlining the elements that must be established to prove the property owner's liability. 

4. Defenses: Treatises also outline the available defenses for a property owner litigating premises liability such as comparative negligence, assumption of the risk, and the open and obvious doctrine.

5. Special Considerations: Treaties may discuss specific issues presented when litigating a premises liability claim such as the type of property at issue such as commercial establishments, public properties, residential premises, and recreational properties. Additionally, treatises may give special attention to specific types of issues such as slip and falls, negligent security claims, or animal-related injuries.

6. Litigation Strategies: Treaties may also provide litigation guidance for prospective plaintiffs and defendants in premises liability claims. This includes establishing evidence, formulating arguments, and navigating the legal process in Florida courts.

 

 

Legal Encyclopedias

Florida Jurisprudence 2d is the legal encyclopedia for the state of Florida and contains valuable and jurisdiction specific resources for premises liability. 

Florida Jurisprudence 2d

 

 

Hornbooks

Hornbooks summarize and explain the law in a specific area. This hornbook gives insight on causes of action, defenses, and damages regarding premises liability. 

 

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