With the holiday season upon us, we want to dive head-first into the age-old question: Hypothetically, if Santa Claus were to injure himself on your property on Christmas Eve, would he be able to sue you for damages? In other words, could the big man in the red suit file a lawsuit for premises liability? When dealing with premises liability cases, it all comes down to whether the injured party is classified as an invitee, licensee, or a trespasser. What do these legal terms mean in personal injury law? Let’s get down to business.

 

Invitee

An invitee is a person who has been invited onto the property and therefore has permission to be on the premises. Invitees are generally on the premises for business reasons that benefit the property owner. For example, when a person walks into a toy store during business hours to purchase holiday gifts, that person is an invitee. A property owner has a duty to protect invitees from foreseeable injuries and defects.

 

Licensee

A licensee is a person who is permitted to be on the premises for their own purposes, not those of the property owner. The difference between a licensee’s rights and those of an invitee are minimal. If Santa was using a dumpster in an open area of a subdivision to get rid of some extra bags, he would most likely be a licensee.

 

Trespasser

As you’ve probably guessed, a trespasser is a person who has not been invited, has not been given permission, and has no business being on the premises. When a trespasser gets injured on someone else’s property, the property owner usually has minimal legal obligations to compensate the injured party. However, property owners are legally responsible for maintaining reasonably safe conditions for licensees and invitees.

Santa’s ability to sue a property owner after being injured on their property depends on which of the above terms he is classified as.

Let’s discuss.

Santa Claus could be considered an invitee in some cases because he is on the property to deliver gifts for the benefit of the residents. A good lawyer could also prove that Santa was an invitee if the property owners left out milk and cookies on the night in question.

However, the outcome of the legend’s premises liability case heavily depends on whether or not he has a personal injury attorney in his corner to, if you will, sleigh opposing counsel. The right personal injury lawyer could help Santa Claus prove the three key elements to any premises liability case:

  • The defendant owned the property where the accident occurred at the time of the injury.
  • The defendant was either negligent in the maintenance, securing, or use of the property
  • The plaintiff suffered a personal injury on the property, and the defendant’s negligence was a substantial factor in causing the personal injury.

Attorneys can gather evidence to prove these elements such as medical records, correspondences, security camera footage, eyewitness testimony, expert opinions, and even forensic evidence in the case calls for it. It’s important for Santa to seek medical attention for his personal injuries as soon as possible though. Delaying the pursuit of medical treatment could potentially harm his personal injury claim, negatively affecting his chances of getting a settlement to cover his personal injury related expenses.

Have you or a loved one suffered a personal injury due to the actions or negligence of another party? If so, contact The S.E. Farris Law Firm as soon as possible. Call us to schedule your initial legal consultation where we will provide you with free legal advice from an experienced St.Louis personal injury attorney near you. Don’t pay for someone else’s negligence – fight for the financial compensation you deserve. Don’t worry – we have it on good authority that Santa Claus won’t put you on the naughty list for suing someone who caused you harm.