Computerized method and system for determining breach of duty in premises liability for an accident
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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Abstract
A computer-implemented method and system for determining breach of duty in premises liability for an accident is provided. In one embodiment, breach of duty may be determined from characteristics of the accident. Characteristics may be provided to the computer system and evaluated to determine the breach of duty. In an embodiment, characteristics may include an insured type. Breach of duty may be determined for a claimant that includes an invitee, licensee, or trespasser.
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Citations
51 Claims
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1. A computer-implemented method, comprising:
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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. - View Dependent Claims (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 46, 47, 48, 49, 50, 51)
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17. 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 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 part of the 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 a owner 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 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 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. - View Dependent Claims (18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32)
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33. A computer readable storage medium comprising program instructions stored thereon, wherein the program instructions are computer-executable to implement a method for determining breach of duty in premises liability for an accident, the method comprising:
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providing to a computer system a set of characteristics of a premises accident that has actually occurred, and 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 of the premises to one or more of the claimants 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 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 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. - View Dependent Claims (34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45)
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Specification