Premises liability is a concept and subcategory of personal injury lawsuits that you can file. It essentially gives a person the right to sue the owner of the property in the event that that person was injured on their property. Most of these lawsuits are based on negligence. To prove negligence occurred, you must be able to prove that the property owner owed you a duty of care by reasonable means, which is based on what type of entrant that you are and what brought you to the property. You must then show that that duty was breached, that it caused your injury and damages, and lastly that you did actually suffer damages from the incident.
One common occurrence that many people are familiar with is a slip and fall accident. In a supermarket, a bottle of water may have spilled on the floor and left a small puddle on tile floors. A person who is casually doing their shopping should expect this to be a reasonably safe supermarket, but she slips from the water and breaks her back. She can now sue the owner of the supermarket or the business in order to recover damages for her injuries.
Premises liability lawsuits, when centered around the property owner’s negligence, also ask what type of person the person that was injured is. You will fall into one of three categories: invitees, licensees, and trespassers. Invitees are people that are invited to the property, often for the benefit of the property owner, and are owed the highest duty of care. Licensees are people that are permitted to come to the property for their own benefit and they are owed the second highest duty of care. Trespassers do not have rights to sue the property owner if they are injured on the property, since they were not allowed to be there. The one exception is if the property owner had injured them by willful and wanton means.
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