Premises liability law is the set of laws that spell out the legal responsibility or liability of a property or landowner when an individual is injured on their premises. Premises liability law is complicated and nuanced and is best left to expert premises liability lawyers. However, if you have been injured on someone else’s property or someone else has been injured on your property it is helpful to understand the general parameters and legal terms surrounding a premises liability case.

In premises liability cases the property owner is referred to as the defendant and the litigant or plaintiff is the individual injured on the property of the defendant. The litigant may be considered an invitee, a licensee or a trespasser under the law and these categories may be deciding factors in determining fault in a premises liability case.

A litigant referred to as a licensee if they were invited by the property owner to visit or to stay on their property for any purpose that can be considered non-commercial. An example of a licensee would be a property owner’s guest at a dinner party or barbecue. Defendants are considered legally responsible for any injuries or damages incurred to a licensee if: the defendant did know or should have known about the hazardous condition, the hazardous condition did involve an unreasonable risk to the licensee and the defendant did not have a reasonable expectation that the licensee would become aware of the danger him or herself.

The litigant in a premises liability case is considered an invitee if they were injured while on the property as a result of the defendant’s commercial business or for-profit activities. Hotel patrons or department store customers are two examples of invitees. Defendants owe invitees their most stringent duty of care and have an obligation to protect and warn invitees of any risks on the premises and to periodically inspect the premises for potential dangers.

The litigant is considered to be a trespasser if they were injured while on the defendant’s property without his or her permission and without any other reasonable purpose. Defendants are only considered liable to trespassers if they are aware that the trespasser was there and did not warn them of the danger that caused the injury. If it can be proven that the litigant was aware of or partially at fault for the injury than the outcome of a premises liability case will be compromised. Always enlist the aid of a personal injury attorney in any premises liability action.