If you have been injured while on someone else’s property, you should speak to an experienced lawyer to discuss your legal rights.
When you are injured on someone’s property, the type of claim is known as a premises liability claim, because the legal issues depend on who owned the premises and what your status was at the time you were injured on that premises.
If you still have questions, contact our premises liability lawyer at Cottrell Law Office to discuss your case.
Slip and Fall Cases
A very common type of accident claim is the slip and fall claim. The success of this type of claim depends on whether there was a legal duty the property owner had to keep the premises safe, and whether that duty was breached. In many cases, a property owner has a duty to keep their premises reasonably safe and free of hazards.
Not all injuries that occur on someone else’s property result in liability. The exact nature of a property owner’s legal duty depends on many factors. Attorneys at Cottrell Law Office should be knowledgeable of the laws that apply in the state where the accident occurred.
Who is Legally Responsible?
Legal responsibility for a person’s injuries, when they are sustained on someone else’s property, usually falls on the property owner and/or occupier.
Property owners have certain duties and obligations to the individuals who are on their property, depending on the reason for the visit.
Generally, property owners do not owe any duty to trespassers. However, if you have a legitimate reason to be on someone’s property, they can be held liable for your injuries. If you are legitimately on the premises, then you are likely either a “licensee” or an “invitee.”
But, what is the difference between licensee and invitee? Experienced attorneys at a Rogers personal injury law firm can explain the difference.
What Is A “Licensee?”
Unless you are a trespasser, you have a legitimate reason to be on someone’s property. That makes you either a licensee or an invitee. A licensee is on the property for his or her own purposes or amusement. For instance, if you are visiting a friend’s house as a guest at a party, you are a licensee.
Though you have been invited and have permission to be on the premises, there is no direct benefit to the landowner.
Another example, that may be confusing to some, is the person who enters a store to simple ask directions or use the restroom, but is not there to actually buy anything.
Since his purpose for being in the store is not to benefit the store owner, he is considered a licensee instead of an invitee.
What Is An “Invitee?”
On the other hand, an “invitee” has been invited to the premises, specifically for the benefit of the property owner. The most common example is a store customer – someone on the premises with the intention or purpose of buying something.
This classification is also divided into two types: business invitee and public invitee. Again, the distinction is based on the reason for the visit. A business invitee, obviously, is visiting the store in order to buy a product being sold by the merchant. However, if the property is available to the public, like a library or playground, then the visitors are classified as public invitees.
The General Duty Owed To Visitors
In general terms, a property owner has a continuing duty to take reasonable care to protect a visitor from all known dangerous conditions on said property. If there is a known condition on the property that poses an unreasonable risk of harm, and any visitors to the property would not reasonably be expected to recognize that danger, then the owner is required to take reasonable care to eliminate the danger. If it cannot be eliminated, then the property owner must warn the visitors of the danger.
What Different Duties Owed To Eachother?
The duty a property owner owes to someone visiting the property depends on the classification of the visitor. Generally speaking, property owners have a duty to take reasonable care to protect the visitor from known dangerous conditions on the property.
If the owner knew of a condition on his property that would pose an unreasonable risk of harm, which his visitors could not reasonably be expected to recognize, the owner must take reasonable care to either eliminate the danger or warn visitors.
Invitees are afforded the most protection, however, because they are on the premises for the specific purpose of furthering the business of the property owner. This means, with respect to invitees, the property owner must take the extra step of inspecting the premises and making sure it is safe.
Compensatory Damages In A Premises Liability Case
In most personal injury cases, the injured party will seek compensation for medical expenses incurred as a result of their injuries. This is the primary component of damages in a personal injury case. Reimbursement for medical treatment typically includes compensation for treatment already received, as well as the estimated costs of any medical care that may be required in the future. Additionally, the injuries suffered can have a substantial impact on the victim’s ability to return to work, either temporarily or permanently. In that case, damages may include future income.
Contact The Premises Liability Lawyer At Cottrell Law Office Today
If you have questions or concerns regarding premises liability, or any other personal injury concerns, contact the Cottrell Law Office for a consultation.
Wesley Cottrell
Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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