Premises Liability

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Frequently Asked Questions

Get answers to the most common liability case queries.

Are there defenses the government uses in these cases?
Yes, governments have strong defenses. The most common is “qualified immunity,“ which shields officials from lawsuits unless they violated a “clearly established” right that any reasonable person would know. They may also argue they had “probable cause” for an arrest or a “legitimate government interest” for a policy. Furthermore, strict notice deadlines and caps on damages apply. These defenses make these cases complex, emphasizing the need to prove both a violation and that the right was unmistakably clear at the time.
How long does a property owner have to remove ice and snow after a storm?
There is no universal fixed deadline. The standard is “a reasonable time.“ This often means starting cleanup efforts once precipitation stops. For a major storm, this could be several hours. For ongoing sleet or snow, it may require repeated efforts. Courts consider what a careful person would do under the same circumstances. Local municipal codes sometimes set specific timeframes, such as requiring removal within 24 hours after a storm ends.
Can I sue the government for passing a law that targets me unfairly?
Yes, you can challenge a law or government policy if it unfairly discriminates. This often falls under an “Equal Protection” claim. You must show the law treats you differently than others who are similarly situated, without a legitimate government reason. For instance, a zoning law that only applies to one race or a permit rule enforced only against a specific religion may be illegal. The key is proving the government’s action was intentionally discriminatory, not just unwise.
Are website owners or social media platforms liable for user posts?
Typically, no. Under U.S. law (Section 230 of the Communications Decency Act), platforms like Facebook, Twitter, or news site comment sections are generally not treated as the publisher of user-generated content. They are protected from lawsuits for defamatory posts made by users. However, this protection does not extend to the individual user who created the post. The platform may remove content that violates its own terms of service, but it is not legally required to do so.
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