Published on:

Understanding Premises Liability

A property owner is expected to take reasonable precautions to prevent injuries to guests, residents, and visitors of the property. In cases where the active conduct or the negligence of a property owner causes a personal injury, a lawsuit may result. Most attorneys evaluate such a lawsuit by considering the status of the victim. The victim injured on the property may be defined as an invitee, a licensee, or a trespasser.

A trespasser is someone who does not have the right or permission to be on the property. The property owner has a right not to willfully cause personal injury to the trespasser. If a property owner finds a trespasser on their property, they have an obligation to warn the trespasser of any possible dangers on the property which are not obvious.

In some cases, when a child trespasses onto a property, however, a lawsuit may still result. Usually, this occurs when it can be proven that there is an area on the property where the property owner knows that children may trespass. As well, these cases can often be brought about because it can be proven that the owner did not take some small actions to repair a known danger which is very dangerous to children. Generally, attorneys will argue that children are too young to appreciate a risk in a property. Often, this type of legal action occurs with children trespassing onto property and having a pool-related accident or near-drowning.

A licensee is someone who has the right to enter a property or who has been invited to enter a property. This may include a postal delivery person, for example. The property owner has the same obligations to the licensee as they have to the trespasser who has been discovered on the property; the owner must warn the licensee of any dangers which are not obvious and must not wantonly or willfully cause personal injury to the licensee.

A invitee is someone who has been invited onto the property by the occupier or property owner. In the invitation is the unspoken promise that the property may be safely used for a specific purpose. Therefore, the obligations to the invitee are greater. The property owner must ensure that the property is reasonably safe and that unsafe conditions are repaired or addressed. If there are any dangers which have not been repaired and which may not be obvious, the property owner must tell the invitee about them.

Client Reviews

★★★★★
Mr. Flaxman is highly skilled and very pleasant to work with. He communicated with me at every step in the process, and clearly presented information relating to my case. To anyone considering retaining his firm, I highly recommend him. Clara Barman
★★★★★
THE BEST. Honest, very knowledgeable, fast and easy. has helped me in numerous situations and has never failed me. Joe Gee
★★★★★
Charlie is a very skilled attorney that advocates hard for his clients. But the best part is he is an all around great guy. He cares about helping and doing what is right for people and his community. And he is not afraid to fight against those who do wrong or against threats to our world. He is fluent in Spanish as well. Do yourself a favor and call him. Andy
★★★★★
I had a lawyer on another case and I never spoke to the lawyer and I hated that I never knew what was going on in my case. Mr. Flaxman was in constant communication with me, explained everything to me, and his staff was really great too. My phone calls were always returned immediately. It was refreshing to be able to speak to my attorney personally. I would HIGHLY recommend Mr. Flaxman as an attorney to anyone who has been in an accident. Gloria
★★★★★
I found Mr. Flaxman to be an excellent attorney for my personal injury case. This is actually the second time I have used him and he really represented my interests. He explained everything thoroughly and he was very available for my questions. Carol