Ways to Find “Affirmative Conduct” in a Premises Case

Allen BeasleyJanuary 21, 2022

In Affirmative Conduct in Premises Cases, the plaintiff must show that the defendant knew about the condition of the premises, failed to take reasonable care to prevent the damage to the plaintiff’s property, and proximately caused the claimant’s injuries. Under the case law, the duty owed by a defendant to its customers is established in Gillespie v. Kroger Tex., L.P. The plaintiff must establish the breach and the damages resulting from the breach.

The standard of care is the standard of care required for a specific situation. The relationship between the parties defines the standard of care. The principles of general negligence govern negligence cases. These principles are based on the foreseeability of a harm. Under a general negligence theory, the plaintiff must prove that the defendant acted negligently when he or she should have been aware of the risk of injury.

Affirmative Conduct in Premises Cases is the opposite of inaction. In the case of a common carrier, the plaintiff must prove that the defendant was negligent in some way. A common carrier can be held liable for the harm that occurs on the property of its passengers. Therefore, the company must take reasonable care. The defendant should avoid blaming its client for the incident.

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