Dangerous Property
Your Status on the Property
of Another
Under the premises liability law of
most states, the status of the injured
person-whether you were an "invitee",
a "licensee", or a "trespasser"-
determines your rights. The property
owner’s duty to keep the property safe
will differ depending on this status.
Invitee
An invitee is person who is
invited to enter or remain on the property
for a business or commercial benefit
to the possessor of premises. An
invitation may be either express
or implied- a store’s "open" sign
is an express invite. An open gate
may be an implied invite. A property
owner owes the highest duty of care
to an invitee.
Typically, one who
owns or controls property has a duty
to use ordinary care to warn or otherwise
protect an invitee from risks of
harm from a condition on the premises
if:
- The risk of harm is unreasonable
and
- The possessor knows or in the exercise
of ordinary care should know of the
condition and should realize
that it involves an unreasonable
risk of harm to an invitee.
The possessor may have a duty to periodically
inspect the premises for the introduction
of hazards to invitees. For example,
a grocery or convenience store may
be obligated to periodically check
its floors for spills or broken merchandise.
Licensee
A licensee is a person who is invited
to enter or remain on the premises
for any purpose other than a business
or commercial one. A social guest is
considered to be a licensee, not an
invitee.
Typically, a property owner is liable for harm caused
to a licensee by a condition on the premises if the
victim establishes:
- The owner knew or should have known
of the condition, should have realized
that it involved an unreasonable
risk of harm to the licensee, and
should have expected that the licensee
would not discover or realize the
danger;
- The possessor failed to exercise
reasonable care to make the condition
safe, or to warn the licensee of
the condition and the risk involved;
and
- The licensee did not know or have
reason to know of the condition and
the risk involved.
For example, if a homeowner knows
that one of the steps leading into
a basement is broken or that the rug
is loose (but this danger wouldn’t
be noticed by a guest), the homeowner
may be liable to a guest who is injured
by the condition.
Trespasser
A trespasser is a person who enters
the premises of another without an
invitation, for his or her own purposes.
Where property owners are not aware
of the presence of trespassers, they
typically have no duty to warn a trespasser
of any dangers or to make their premises
safe for the benefit of a trespasser.
If the property owner knows that trespassers
could be on the property, the owner
owes a duty, but less than the one
to invitees or licensees, to make the
property safe.
However, if a child trespasses
on land, the property owner owes a
higher duty to warn, repair, and protect
from harm, since children are less
able to detect dangers because of their
youth and inexperience.
Owners of
swimming pools or ponds are required
to take more care to protect their
property from trespassers, as these
kinds of properties pose "attractive
nuisances" that attract trespassers
to the property.
If you have been hurt on dangerous
property and have other questions,
contact The S.E. Farris Law
Firm at 314-A-LAWYER (252-9937)
today for a free consultation.
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