Premises liability – a special type of liability that falls under personal injury, as explained by Coulter Boeschen. It is the “short-hand term for the set of laws used to determine who (if anyone) is liable when a particular condition or use of a building, land or other premises causes an injury”. It is not a simple process.
On the contrary, it’s a complex area of the law. How liable is the premises owner? It all depends on the category of the injured party. The three main categories for this injured party, or entrant, are: invitee, licensee, and trespasser.
Invitees are those whom the premises owner has invited onto the premises for the owner’s benefit. For example, a store owner invites the person into the store, to benefit from the business.
Licensees are very similar to invitees. They’re permitted to be on the premises. An owner desires an invitee onto the premises, whereas the licensee is allowed to be on the premises if that licensee desires to be.
Party guests and family members are in the licensee category instead of the invitee category, generally.
Trespassers: the category with the lowest level of responsibility of the three categories. They need no explanation. The only duty owed is to avoid intentionally injuring a trespasser, except in self-defense.
The entrant’s status can actually change in the midst of being on the premises. This could be someone sneaking into the house of somebody having a yard sale. The status changes from invitee to trespasser. If the injury is in the house, there would be no liability for the premises owner. The premises owner would only be liable if somebody injured themselves in the front yard.
And those are the three categories.
There are numerous other examples out there. If you feel you fall into these categories, have had some injury related to one of these categories, or are on the being-held-liable end of the situation – speak to a qualified personal injury attorney.
At Southern Oaks, Taylor Fontenot brings years of personal injury experience at some of Lafayette’s largest and most respected personal injury law firms, and he will fight for you and your family. From the initial consultation through settlement, he will truly be with you throughout the entire process. Contact Taylor today.