Premises Liability Lawsuits: Your Rights When Injured on Another's Property

Have you been injured on someone's property and wonder if you are entitled to file a premises liability lawsuit? Premises liability laws hold the property owner responsible for injuries sustained by people on their property. It is important to determine who the property owner is as well as your status as a plaintiff or injured party.

In a premises liability lawsuit it is important to determine whether you are an invitee, licensee, or trespasser on the property. The status of the plaintiff can determine the property owner's responsibility or duty to the plaintiff. An invitee is someone that has been invited to the property for business related purposes with either an expressed or implied invitation. A licensee is an individual that has been invited on to the property for reasons other than business such as a social guest. Lastly, a trespasser is a person that was on the property without an expressed or implied invitation for his or her own purposes.

After establishing the status of the plaintiff in premises liability lawsuits an attorney can determine the duty of the property owner. Regarding an invitee, the property owner has a responsibility to use ordinary care to warn and protect the invitee from harm if they knew or should have known about the unreasonable risk on their property. The property owner's responsibility to a licensee can only be established if the plaintiff can prove that the property owner knew or should have known about the dangerous condition, failed to make the condition safe, did not provide sufficient warning regarding the danger, and the licensee did not have knowledge of the condition. In a premises liability lawsuit if it was a trespasser that was injured, the property owner typically does not have the responsibility to warn unless they knew the trespasser was on their property.




Thinking about filing a lawsuit? You may be eligible for legal funding to assist with financial difficulties related to your case. Structured settlement buyouts are another type of lawsuit cash advance that may be appropriate for plaintiffs who have already settled their claim.