| 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 so.
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
Tresspasser-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.
Please
contact us for a
free evaluation of your case.
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