Accidents occur on a daily basis. Many times, the injured party encounters various physical, emotional and financial challenges. In those instances where the accident is the fault of another party, the injured individual(s) may seek restitution from the at-fault party.
People accomplish this by arguing a personal injury claim. Particularly in the case of premise liability, there are a few things to know.
Definition
Simply put, premise liability is a property owner’s responsibility for the safety of visitors on the property. This level is not the same for all visitors. Also, even if a person enters a property illegally or without invitation, the owner still owes a certain level of care.
Classification
In regards to premise liability, people may fit into a few different classifications. These include:
- People invited to the property by the owner for enjoyment
- People invited to the property by the owner for business
- People who have permission to enter the property without an invitation
- Trespassers
It is important to note that people can hold different classifications, but not at the same time. For example, if someone visited a property for business reasons, then stayed later for a social event, that person would fall under one classification, then when his or her purpose for being on property changed, so would the classification. Understanding this aspect is essential in determining the correct duty of care.
Duty
The owner’s duty of care is essential to a premise liability claim. The accusing party must prove the property owner did not provide the proper level of care at the time of the accident to prove negligence. The duty of care varies depending upon the classification of the visiting party. The owner owes the greatest level of care to an invited guest and the least duty to trespassers. The visitor’s classification at the specific time of the incident determines the owner’s specific duty.
Understanding these key aspects can aid you in creating a quality claim. Consider these items and how they apply to your particular situation.
