Slip & Falls

Have been injured on someone else's property?

If you have been injured on someone else's property, you may have a case against them for damages. Your right to recover generally depends on the extent of your injuries and the particular purpose that you were on the property of the other. The duty that an owner of land owes to a person is generally determined by the law of premises liability. If you are on the land of another, you usually fall into one of three categories:

Invitee

An individual is an "invitee" on the land of another if his or her presence gives some benefit to the owner. For example, if you are at a store to purchase goods or services, you are benefiting the owner by patronizing their store.
 
If you are classified as an invitee, the owner or possessor owes you the following duties:
  1. To maintain the premises in a reasonably safe condition;
  2. To warn you of dangers they know of, or should know of, unless they are "open and obvious":
  3. To inspect the premises for dangerous conditions if a reasonable person would do s

Licensee

A licensee is a person on another’s land for a purpose other than business who is not conferring a benefit to the premises holder but who has their express or implied permission to be on the premises. The duty owed to a licensee is less than that owed to an invitee.
 
If you are a licensee, the owner or possessor may be liable for your injuries if all of the following conditions are met:
  1. The owner or possessor knew or should have known of the condition, should have realized that it involved an unreasonable risk of harm to a licensee, and should have expected that the licensee would not discover or realize the danger;
  2. The owner or possessor failed to exercise reasonable care to make the condition safe or to warn the licensee of the condition and the risk; and
  3. The licensee did not know or have reason to know of the condition and the risk involved

Trespasser

A trespasser is a person who goes upon the premises of another without an express or implied invitation, for his or her own purposes, and not in the performance of any duty to the owner. As a general rule, a landowner is liable to a trespasser only if the landowner is grossly negligent or commits a willful and wanton act that results in injury to the trespasser.
 
"If you have sustained an injury while you were on someone else's property, only a skilled personal injury attorney can fully evaluate your case and determine if you are entitled to compensation."