When a person enters a property, they do so with a reasonable expectation of safety. Therefore, property owners and renters must maintain a safe environment. Referred to as premises liability, this doctrine helps to keep visitors safe, and it can help an Accident Injury Attorney in Casa Grande AZ, determine liability in personal injury claims.
The Visitor’s Legal Status
In jurisdictions that focus solely on the visitor’s legal status, there are typically four applicable labels: trespasser, licensee, social guest, and invitee.
* Trespassers enter without permission and are not promised that reasonable steps have been taken to ensure the property’s safety.
* Licensees enter for their own purposes and are present with the owner’s permission.
* Social guests are invited visitors.
* Invitees are asked to enter the property, and the invitation usually implies that the premises owner has taken steps to ensure the visitor’s safety.
Visitor Actions and Property Condition
In areas where the property’s condition and the visitor’s actions are given consideration, the same care standard is applied to licensees and invitees. The standard requires property owners to exercise reasonable care to ensure visitors’ safety, and determining whether the standard has been met requires the consideration of multiple factors.
* The reason for the visit
* The usage of the property
* The predictability of the injury
* The extent of the property owner’s effort to repair the dangerous condition or to warn visitors
Trespassers
If an owner knows that trespassers may enter, they may have to give reasonable warning to prevent injuries. The requirement only applies to owner-created or maintained conditions, and it only applies to conditions known to cause death or serious injury.
Comparative Fault
A common limitation to premises liability is the claim that the victim shares responsibility for his or her injuries. Visitors have a duty to take reasonable steps to protect themselves and, when they fail to do so, their recovery may be limited by the extent of their own negligence.
Get Legal Help
If a person suffers a premises liability-related injury, they should consult an Accident Injury Attorney in Casa Grande AZ, to protect their legal rights and to get fair compensation. A lawyer with the Alexander Law Offices can provide a free claim analysis, and they can work with the client on a contingency fee basis in many cases.
