Under the Premises
Liability law of most states,
the status of the injured person
– whether you were an "invitee",
a "licensee" or a "trespasser"-
determines your rights, and the
property owner’s duty to keep
the property safe will differ
depending on this status.
Property “Invitee”
An invitee is a person who is invited to enter or remain
on the property for business or commercial benefit
to the possessor of the premises. An invitation may
be either express or implied.
For example, a store’s "open" sign
is an expressed invitation. An
open gate may be an implied invite.
A property owner owes the highest
duty of care to an invitee.
Typically, one who owns or controls
property has a duty to use ordinary
care to warn or otherwise protect
an invitee from risks of harm
from a condition on the premises
if:
- the risk of harm is unreasonable,
and
- the possessor knows, or in
the exercise of ordinary care,
should know of the condition
and
- should
realize that it involves an
unreasonable risk of harm to
an invitee.
The possessor may also have
a duty to periodically inspect
the premises for the introduction
of hazards to invitees. For example,
a grocery or convenience store
may be obligated to periodically
check its floors for spills or
broken merchandise.
Property “Licensee”
A licensee is a person who is invited to enter or remain
on the premises for any purpose other than a business
or commercial one. A social guest is considered to
be a licensee.
Typically, a property owner
is liable for harm caused to
a licensee by a condition on
the premises if the victim establishes:
- the owner knew or should
have known of the condition;
should have realized that it
involved an unreasonable risk
of harm to the licensee; and
should have expected that the
licensee would not discover
or realize the danger,
- the possessor failed to exercise
reasonable care to make the
condition safe or to warn the
licensee of the condition and
the risk involved, and
- the licensee did not know
or have reason to know of the
condition and the risk involved.
For example, if a homeowner knows
that one of the steps leading into
a basement is broken or that the
rug is loose but wouldn’t be noticed
by a guest, the homeowner may be
liable to a guest who is injured
by the property condition.
Swimming
pools or ponds are considered
“attractive nuisances”
and property owners are
required to take more care
to protect their property
from trespassers. |
Property
“Trespasser”
A trespasser is a person
who enters the premises of
another without an invitation
for his or her own purposes.
Where property owners
are not aware of the presence
of trespassers, they typically
have no duty to warn a
trespasser of any dangers
or to make their premises
safe for the benefit of
a trespasser.
If the property owner
knows that trespassers
could be on the property,
the owner owes a duty to
make the property safe
but less than the one owed
to invitees or licensees.
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However, if
a child trespasses on land, the property owner owes
a higher duty to warn, repair,
and protect from harm, since
because children are less able
to detect dangers
due to their youth and inexperience.
Owners of swimming
pools or ponds are required to take more
care to protect their property
from trespassers, as these kinds
of properties pose "attractive
nuisances" that attract
trespassers to the property.
If you have been hurt on a dangerous
property and have questions,
contact
The Farris Law Firm at 314-A-LAWYER (252-9937) today
for a free consultation.
|
a fee unless we collect money for you. 
