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Computerized method and system for determining breach of duty in premises liability for an accident

  • US 7,702,528 B2
  • Filed: 09/09/2002
  • Issued: 04/20/2010
  • Est. Priority Date: 09/09/2002
  • Status: Expired due to Fees
First Claim
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1. A computer-implemented method, comprising:

  • providing to a computer system a set of characteristics of a premises accident that has actually occurred, wherein one or more characteristics of the set of characteristics comprises;

    an identification of a premises where the accident occurred, the identification of the premises comprising at least one of a tract of land, a building, or a part of a building; and

    one or more conditions on the premises that caused the premises accident;

    wherein one or more characteristics of the set of characteristics corresponds to information to be assessed at one or more decision points in a premises liability evaluation;

    evaluating one or more characteristics of the set of characteristics at a first decision point of the premises liability evaluation to determine a status of one or more claimants as an invitee on the premises, a licensee on the premises, or a trespasser on the premises;

    evaluating one or more characteristics of the set of characteristics at a second decision point of the premises liability evaluation to determine whether one or more dangerous conditions existed on the premises where the accident occurred;

    the computer system being configured to if a dangerous condition existed on the premises where the accident occurred, evaluating one or more characteristics of the set of characteristics at a third decision point of the premises liability evaluation to determine whether there was a breach of duty by an owner or possessor of the premises to one or more of the claimants for an injury that occurred as a result of the dangerous condition that existed on the premises while the one or more claimants were on the premises, wherein the duty comprises a duty of the owner or possessor of the premises to at least one of the one or more of the claimants, wherein the determination of whether there was a breach of duty is based on the dangerous condition that existed on the premises where the accident occurred and the status of one or more of the claimants as an invitee on the premises, a licensee on the premises, or a trespasser on the premises, wherein determining whether there was a breach of duty by the owner or possessor of the premises comprises;

    categorizing the premises where the accident occurred by frequency of accidents, wherein the categories of frequency of accidents comprise low frequency, moderate frequency, and high frequency;

    categorizing the premises where the accident occurred by amount of traffic, wherein the categories of amount of traffic comprise high traffic, moderate traffic, and low traffic; and

    evaluating a timely inspection frequency for the premises where the accident occurred based on a combination of the category of frequency of accidents for the premises where the accident occurred and the category of amount of traffic for the premises where the accident occurred, wherein the higher the frequency of accidents and the higher the amount of traffic, the greater the timely inspection frequency for the premises; and

    the computer system estimating, from the set of characteristics provided to the computer system, as a proportion of the total liability for the premises accident, premises liability of the owner or possessor for the premises accident to at least one of the claimants based at least in part on the determination of breach of duty to one or more of the claimants.

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