Anybody can become the victim of an injury. Some may happen in the course of duty or at your home. But what happens when an injury happens on another’s private property? Can the owner of the property be sued? These and more are the possible questions flooding your mind, and you have the right to know the answers.
Naturally, every homeowner has the responsibility of giving care to his/her guest while playing host to them but for some unforeseen reasons, an injury happens, can the guest sue the host? The answer is “yes” if he/she wishes. This is because the law expects utmost care to guests, and an injury is considered as negligence and a breach in their pledge of care and duty.
However, there are three classes of visitors, and they all have different laws that explain the place of the property owner, and how liable he/she is. These three groups are the trespasser, the licensee, and the invitees.
For residential property
The trespasser. This person simply got on your property without your invitation or knowledge. If your property is undergoing some renovation or construction, the law expects you to alert everyone with a “caution sign.” If a trespasser gets injured, he/she cannot sue you because you are not responsible for his safety.
When an invitee gets on a property, he/she comes for business-related cause, if the owner informs him/her of the threatening situation, any injury suffered later cannot be sued.
The licensee, he/she is here on a non-business linked cause and if they have been notified by the property owner of the unsafe situation, the house owner cannot also be sued.
Here, the law expects business owners to take extra steps in making sure their business environment is comfortable and safe for clients and customers. How? By double-checking on the workability of all appliances, non-slippery floors, and general precautionary measures.
If the property is undergoing repairs, “caution signs” must be strategically placed to alert everyone, but when an injury is sustained the business owner is liable for suing.
For any child that strays or trespasses into one’s private property and gets hurt, the “Attractive Nuisance Law” requires that property owners will pay compensation. This is so because children are unable to understand the dangers lurking in some private property even when a caution sign is displayed.
How to Take Action
Injury law suits can be extremely difficult to navigate. To get the full compensation you deserve, contact Herrman & Herrman. Our experienced premises liability attorneys will guide you through the complex process.