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Liability depends not just on the status of the injured party, but on multiple factors. The Court will examine the purpose of the invitation to the property, the obviousness of the danger, the likelihood that the victim will realize the danger and will takes steps to protect himself, the nature of the land and the purpose for which it is sued.
A majority of premises liability lawsuits involve invitees at places of business or commerce. In these cases, a plaintiff must show that the defendant failed to remove a hazard that the defendant either knew or should have known about.
Most jurisdictions hold that all visitors are owed a duty to be warned of hidden dangers. Invitees are almost always entitled to an expectation of reasonably safe premises and warning of both open and hidden dangers.
If you were injured, while lawfully on the property of another, your attorney must prove several things about the landowner and condition of the property to establish liability.
The laws for trespassers vary from those applied to lawful guests or invitees. This does not mean that you will be unable to pursue a claim. However, if you are deemed to be a trespasser the obstacles to recovery are substantial. Trespassers may have rights to compensation for injuries sustained on another person’s property, especially if the trespasser is a minor child. Even trespassers have the legal right to protection from willful or wanton injury by negligent landowners.
Property and business owners are held responsible for injuries and illnesses that occur on their premises as a result of their negligence. As premises liability claims occur on property that is under the control of the owner, it is critical that you retain counsel immediately following your injury. To preserve evidence of the hazardous condition that caused your injury it is imperative that counsel be retained as soon as possible. For a free evaluation of you premises liability case, please do not hesitate to contact Romanow Law Group.
Your rights to recover in a premise liability action are impacted by the reason you visited property where you were hurt. The duty of care that a landowner owes depends upon whether the person entering the land is a invitee, licensee or trespasser. These classifications are slight archaic, but still have importance today.
These distinctions have begun to fade away in modern American law. Some states have merged licensees and invitees into “lawful entrants,” and many states have responded by adopting statutes that offer landowners immunity in some premise liability cases. Nearly all states now have statutes limiting the liability of landowners who permit individuals to enter their lands for recreational purposes. To find out exactly how your status impacts your claim call RLG.
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