If you have been injured on another person’s property, you may wonder if you have a premises liability claim.
The first thing you need to know is that there are different types of premises liability, and the type of claim you have will depend on the reason you were on the property.
The second thing you need to know is that different laws apply to premises liability, depending on whether the injured person is a trespasser, invitee, or licensee.
So, what do you need to know about premises liability claims and trespassing? Keep reading to find out!
What is premises liability?
Premises liability is the legal theory that holds a property owner or occupier responsible for accidents and injuries on their property. This responsibility is based on the legal status of the person who was injured. There are three types of legal status: trespasser, invitee, and licensee.
A trespasser enters another person’s property without the owner’s permission. Because the trespasser is not supposed to be on the property, the owner owes the trespasser no duty of care. This means the owner is not responsible for any injuries the trespasser suffers on the property.
The owner invites an invitee onto the property for the owner’s benefit. This includes people invited onto the property for business purposes, such as customers or clients. The owner owes the invitee a duty of care, which means that the owner must take reasonable steps to keep the property safe for the invitee. If the owner does not take reasonable steps to keep the property safe and the invitee is injured, the owner may be liable for the invitee’s injuries.
A licensee is allowed to be on the property by the owner, but not for the owner’s benefit. This includes people on the property for their benefit, such as social guests. The owner owes the licensee a duty of care, which means that the owner must take reasonable steps to warn the licensee of
What are some common premises liability accidents?
How do I prove the property owner is liable for my injuries?
To prove that the property owner is liable for your injuries, you must show that the property owner owed you a duty of care and that they breached that duty of care. You will also need to show that you were injured because the property owner breached the duty.
If you have been injured on another person’s property and are unsure if you have a premises liability claim, you should speak to an experienced personal injury lawyer. They will be able to assess your case and advise you of your legal options.
What if I was trespassing when I was injured?
If you were trespassing when you were injured, you will likely not have a premises liability claim. This is because property owners do not owe a duty of care to trespassing. conclusion, if you have been injured on someone else’s property, you may be able to file a premises liability claim. You should know a few things about these types of claims, including the fact that you may be considered a trespasser if you were not invited onto the property. If you have any questions or want to discuss your case with an attorney, don’t hesitate to contact us at Garcia and Phan Attorneys or call us at (714) 586-8298