In premises liability cases, the plaintiff has the burden of proving the negligence of the property owner. However, the injured party must first establish their legal status as a visitor at the time of the accident. Property owners and managers have different levels of responsibility to protect invitees, licensees, and trespassers.
If you were injured on another person’s property, it is best to talk to a lawyer about visitor status in Tucson premises liability cases. One of our dedicated attorneys could help you better understand your legal rights.
Visitors are classified as invitees, licensees, or trespassers. Property owners owe each of these groups a different duty of reasonable care.
Individuals who have the landowner’s permission to be on the property are invitees. Invitees are generally on the landowner’s premises to do a business transaction. For example, customers in a grocery store are invitees.
Owners have a duty to keep their premises reasonably safe for these kinds of visitors. This duty of care is based on what a reasonable person would do to ensure the people they invite on their property are safe.
Licensees are often invited to an individual’s property for pleasure. For example, a person going to a friend’s house to watch a football game is a licensee. In cases involving licensees, landowners do not necessarily have to search the premises for potential hazards. However, property owners do owe a duty of care to licensees to ensure they are not harmed while on the property.
Generally, property owners do not owe a duty of care to anyone who enters their premises without permission. However, there are some exceptions if the trespasser is a child. Under the attractive nuisance doctrine, landowners owe a duty of care to children who could be injured on their property. This doctrine is often cited in accident cases involving swimming pools.
If the property owner acted negligently, considering their legal duty of care to invitees, licensee, and children, the injured person might have a valid premises liability case. It is best to ask an attorney about the responsibilities of landowners before filing a claim.
A crucial step in proving liability is establishing that the defendant possessed, owned, or had control of the land. Incorrectly identifying the at-fault party may negatively impact the case.
The injured person must also prove that the property owner or manager acted negligently in some way. A skilled lawyer in Tucson might argue that failing to provide a danger-free environment or warn individuals of hazards is an act of negligence.
Documenting the scene of the accident is essential. Any information about the conditions that led to the injury could serve as evidence of the property owner’s negligence. For example, if someone slips and falls in a grocery store, a picture of the large puddle of liquid that caused the incident would be a useful piece of evidence. Regardless of visitor status, it is beneficial to gather all relevant evidence to prove fault in a premises liability case.
Premises liability cases are often much more intensive than other personal injury claims. After a severe accident, your main priority should be seeking medical treatment. Experienced lawyers understand how to build a strong case based on your visitor status.
Hiring a lawyer could provide you with the legal resources you need to obtain compensation and allow you to focus on your recovery. Contact us today to speak with a member of our team about visitor status in Tucson premises liability cases.