In the owner/occupier negligence standard, which factors must be established first?

In the owner/occupier negligence standard, the initial factors to establish are the location of the injury and the plaintiff's status. This is essential because the duty of care that an owner or occupier owes to a person on their property often depends on the status of that person, which can generally be classified into three categories: invitees, licensees, and trespassers. The location of the injury also plays a crucial role in determining the applicable standard of care owed by the owner, as different areas may dictate different safety requirements or obligations.

In order to evaluate liability, it is vital first to understand who was injured and where the injury occurred on the property. This determination will guide the legal principles and standards of care that should be applied. Without establishing these factors first, it becomes difficult to ascertain whether the owner/occupier breached a duty that resulted in the plaintiff's injury.