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Premises liability is when a premises owner (homeowner, a business owner or landowner) can be held liable if there is a dangerous condition on their property that causes injury to another. Since there are many unique aspects of a Pascagoula premises liability case, it is best to retain the services of a knowledgeable attorney. A diligent premises liability lawyer will investigate your accident, collect evidence, and prove the property owner’s negligence.
In a premises liability case, the injured claimant’s attorney must establish the defendant’s negligence. However, the type of injury that was caused is extremely important, and the type of status that one holds in the business or entering the business or entering the land of another is also crucial. There are three types of visitors on land: licensees, invitees, and trespassers.
A licensee is someone who has permission to be on premises but is not there for the express invitation to conduct business at the invitation of the business. Licensees are usually guests in the house of another or may come to the land/home of another on some kind of non-business, personal purpose.
If the person is a licensee, the property owner should correct any, or warn them of any, obvious dangerous conditions. They cannot be held liable for any dangerous conditions that were unknown or were obvious to the injured person. Some examples are rotten steps leading to the front of a home that were known to need repair, trenches, or holes that were known to the landowner but not obvious to the injured person.
An invitee is someone that is on the property of another to purchase something from the business or is there at the express business invitation of the landowner or business owner. The laws as to invitees area lot stricter against the business or landowner in that the invitee has to be warned of any dangerous conditions and must correct any dangerous conditions on the property, that they know about or should know about.
With invitees, the duty of care of the business to customers is much higher. In most cases, the business invitee is there to utilize the business and to shop in the furtherance of the business and their venture, so the duty is much, much higher in this scenario.
The third type of visitor with premises liability is what is called a trespasser. That person obviously is not invited on the premises and is not there by any permission whatsoever of the landowner.
Generally speaking, trespassers have no right to any kind of recovery. The only limitation or only allowance for recovery for a trespasser is if they were harmed by obstacles intentionally placed on the premises, meaning the owner cannot have traps and triggers intentionally located on the premises for the sole purpose of harming the trespasser. There are some exceptions for trespassers under the age of 18 as well.
Just because someone has slipped and fell on water droplets on the floor of a restaurant does not mean that the business owner will be held for injuries. The business owner has to have an opportunity to clean up the spill, and someone has to testify that it was there for a certain amount of time before it was cleaned up.
This can be done through pictures, videos, or witness statements, but these elements are crucial to establishing negligence against the business owner. It is best to speak to an attorney to determine whether negligence did occur.
The key to any kind of business invitee premises liability type case is proving the negligence of the business or property owner. It is always important to contact the premises liability lawyer after an accident has occurred. An attorney will determine if you have a case, collect all evidence, and help you prove the defendant’s negligence. Schedule a consultation today to learn about the unique aspects of a Pascagoula premises liability case and how our legal team could help.