If you have been injured as a result of a condition on someone else’s land or property, you may have a claim against the property owner. The floor, sidewalk, or parking lot may be slippery or icy, causing you to fall. There could be a defect or problem with the building, such as a loose floorboard or an inadequate stairway railing. Your right to bring a claim depends on the reason you were on the property and what is known as your “status” at the time you were injured.
If you have been involved in an accident on someone else’s property or land, please call or email our attorneys for a free consultation.
What is Premises Liability "Status"?
For premises liability cases, there are three broad types of status: invitee, licensee, and trespasser. These categories are based on common law, and have their roots in ancient English property law.
The strongest type of status is an “invitee”. Typically, this is someone who is invited onto the premises to conduct business, such as someone visiting a retail store or restaurant. All of the customers at these types of establishments were “invited” by the store owner, and thus the store owner owes all invitees a duty to protect them from unsafe conditions — including a duty to inspect the property.
Normally, a landowner can only be held liable for unsafe conditions about which they had notice. However, if the landowner created the condition, the injured person does not have to show prior notice.
It is important to have an experienced premises liability attorney assist you in your claim. Determining the status of the injured party is often the most important part of the claim, and requires a deep understanding of premises and property law. There may also be a way to get your medical bills paid immediately by making a claim to a “med pay” policy that the property owner may have.
If you have been involved in an accident on someone else’s property or land, please call or email our attorneys for a free consultation