Computerized method and system for determining the contribution of defenses to premises liability for an accident
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1. A computer-implemented method of estimating a contribution of a defense to premises liability, comprising:
- providing to a computer system a set of characteristics of a premises accident that has actually occurred, the premises accident giving rise to premises liability of a landowner or possessor of the premises to a party injured in the premises accident as a result of at least one condition that existed on a premises;
estimating, from at least one of the characteristics of the accident that has actually occurred, the contribution of two or more defenses to the premises liability of the landowner or possessor of the premises to a party injured in the premises accident as a result of the at least one condition that existed on the premises while the injured party was on the premises, the estimated contribution of at least one of the two or more defenses to premises liability being expressed as a proportion of liability; and
estimating a premises liability of the landowner or possessor to the party injured in the premises accident, wherein estimating the premises liability includes the computer system performing an adjustment to the premises liability based on the estimated contribution of at least two of the defenses to premises liability, the estimated premises liability being expressed as a proportion of a total liability for the premises accident, wherein at least two of the defenses are not independent of one another, wherein the adjustment to premises liability based on the estimated contribution of the at least two defenses is greater than or less than the adjustment that would result from adding the individual contributions of the at least two defenses.
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Abstract
A computer-implemented method and system for estimating a contribution of a defense to premises liability is provided. In one embodiment, a set of characteristics of an accident may be provided to a computer system. A contribution of the defense may be determined from at least one of the characteristics of the accident. In one embodiment, a characteristic may include a location of the accident. The defense may selected from a group of one or more defenses.
175 Citations
69 Claims
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1. A computer-implemented method of estimating a contribution of a defense to premises liability, comprising:
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providing to a computer system a set of characteristics of a premises accident that has actually occurred, the premises accident giving rise to premises liability of a landowner or possessor of the premises to a party injured in the premises accident as a result of at least one condition that existed on a premises; estimating, from at least one of the characteristics of the accident that has actually occurred, the contribution of two or more defenses to the premises liability of the landowner or possessor of the premises to a party injured in the premises accident as a result of the at least one condition that existed on the premises while the injured party was on the premises, the estimated contribution of at least one of the two or more defenses to premises liability being expressed as a proportion of liability; and estimating a premises liability of the landowner or possessor to the party injured in the premises accident, wherein estimating the premises liability includes the computer system performing an adjustment to the premises liability based on the estimated contribution of at least two of the defenses to premises liability, the estimated premises liability being expressed as a proportion of a total liability for the premises accident, wherein at least two of the defenses are not independent of one another, wherein the adjustment to premises liability based on the estimated contribution of the at least two defenses is greater than or less than the adjustment that would result from adding the individual contributions of the at least two defenses. - View Dependent Claims (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 62, 63, 64, 65, 66, 67, 68, 69)
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60. A system, comprising:
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a CPU; a data memory coupled to the CPU; and a system memory coupled to the CPU, wherein the system memory is configured to store one or more computer programs executable by the CPU, and wherein the computer programs are executable to implement a method for estimating a contribution of a defense to premises liability, the method comprising; providing to a computer system a set of characteristics of a premises accident that has actually occurred, the premises accident giving rise to premises liability of a landowner or possessor of the premises to a party injured in the premises accident as a result of at least one condition that existed on a premises; and estimating, from at least one of the characteristics of the accident that has actually occurred, the contribution of two or more defenses to the premises liability of the landowner or possessor of the premises to a party injured in the premises accident as a result of the at least one condition that existed on the premises while the injured party was on the premises, the estimated contribution of at least one of the two or more defenses to premises liability being expressed as a proportion of liability; and estimating a premises liability of the landowner or possessor to the party injured in the premises accident , wherein estimating the premises liability includes performing an adjustment to the premises liability based on the estimated contribution of at least two of the defenses to premises liability, the estimated premises liability being expressed as a proportion of a total liability for the premises accident, wherein at least two of the defenses are not independent of one another, wherein the adjustment to premises liability based on the estimated contribution of the at least two defenses is greater than or less than the adjustment that would result from adding the individual contributions of the at least two defenses.
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61. A computer readable storage medium comprising program instructions stored thereon, wherein the program instructions are computer-executable to implement a method for estimating a contribution of a defense to premises liability, the method comprising:
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providing to a computer system a set of characteristics of a premises accident that has actually occurred, the premises accident giving rise to premises liability of a landowner or possessor of the premises to a party injured in the premises accident as a result of at least one condition that existed on a premises; and estimating, from at least one of the characteristics of the accident that has actually occurred, the contribution of two or more defenses to the premises liability of the landowner or possessor of the premises to a party injured in the premises accident as a result of the at least one condition that existed on the premises while the injured party was on the premises, the estimated contribution of at least one of the two or more defenses to premises liability being expressed as a proportion of liability; and estimating a premises liability of the landowner or possessor to the party injured in the premises accident, wherein estimating the premises liability includes performing an adjustment to the premises liability based on the estimated contribution of at least two of the defenses to premises liability, the estimated premises liability being expressed as a proportion of a total liability for the premises accident, wherein at least two of the defenses are not independent of one another, wherein the adjustment to premises liability based on the estimated contribution of the at least two defenses is greater than or less than the adjustment that would result from adding the individual contributions of the at least two defenses.
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Specification