Premises Liability: The Invitee, Licensee and Trespasser

Premises liability is one knowledge of law in which the person possessing a property is responsible for the injuries suffered by individuals who are present on the premises. Usually, a lawsuit may ensue if the owner of the property failed to exercise duty of care. An example of a personal injury that is connected with premises liability is slip and fall. This happens when a person either slips or trips and then falls on the property, resulting to an injury. The owner of a property, or the possessor, is a person who: Occupies the land with the intention to take control over it; Has been occupying the land with the intention to take control over it if no other person has ever occupied with the same intention to control it; or Is entitled to immediate occupation of the land if no other person possessed it before.

In the context of premises liability law, the injured party or the claimant can be classified into three: an invitee, licensee, or trespasser. The possessors duty to the claimant usually depends on the three classifications. The following are the brief explanations of each: Invitee. A person invited to enter or remain on the premises for the purpose of directly or indirectly transacting with the possessor on a certain business is called the invitee. An example of an invitee is a customer in a grocery store. The owner of such an establishment, in this case, owes the highest duty of care to the invitee. Licensee. A person invited to enter or remain on the premises for the purpose not related to business or commercial dealings is called the licensee. An example of a licensee is a social guest. In this case, the property owner owes the licensee a high duty of care. Trespasser. A person who enters or remains on the premises without any expressed or implied invitation by the possessor is called a trespasser. The possessor does not owe a duty of care towards the trespasser, unless he or she is aware of the trespassers presence.

Both the invitee and the licensee have the right to sue the possessor of the property or land if the latter failed to exercise duty of care towards them. A slip and fall may not have happened if the possessor informed them of the hazards within the property and the risks involved. If the injured party wishes to receive compensation from the injuries sustained from the slip and fall, it should seek the help of San Diego personal injury attorneys. Apart from the possibility of receiving compensation, the need for these legal professionals would matter, especially in a rather difficult case involving premises liability.