In Fulton County, premises liability law is the area of law that governs how individuals may claim compensation if they were injured on another person’s property.
However, not all injuries that occur on someone else’s property are eligible for compensation. A number of different details could be relevant, such as the status of the person entering the property and whether the owner or occupier of the property should have known about the hazardous condition.
Given all these potential factors, a premises liability lawsuit could become very complicated. Anyone who suffers an injury on another’s property should speak to a Fulton County premises liability lawyer who could review their case and pass along considerate legal advice. Call today to schedule a consultation with a qualified personal injury attorney.
Invitees, Licensees, and Trespassers
A person visiting a property falls under the category of either an invitee, a licensee, or a trespasser depending on their reasons for being there. This categorization often has a significant effect on a premises liability case as owners and occupiers of properties have different obligations to each.
What is an Invitee?
An invitee is someone who is invited onto the property in order to conduct business. Most often, this refers to customers who enter a store in order to make a purchase from a business.
Property owners have the highest obligation to invitees, as they profit from the presence of an invitee on their property. They must inspect the premises, ensure they are safe for invitees to enter, and correct hazards that could harm invitees.
What is a Licensee?
A licensee enters the property with permission but does not do so to conduct business of any kind. Licensees are also sometimes called social guests because they are there for the interests or convenience of the property owner or occupier.
While property owners and occupiers cannot intentionally or carelessly harm licensees, they must only take reasonable steps to correct hazardous conditions. If they cannot fix the problem, property owners must warn licensees of the dangerous condition.
What is a Trespasser?
Trespassers are individuals who enter a property without permission from the property owner. The only duty property owners have to trespassers is to not intentionally harm them.
Complexities of Classifying Visitors
Determining which of these categories applies to a property visitor may quickly become complicated. For instance, if a property owner is made aware of a licensee’s presence on the property, the distinction between an invitee and licensee may cease to exist.
Alternatively, a volunteer who performs work on a property may be profiting the owner and therefore reasonably considered an invitee. However, if the owner does not know they are on the property, they may be considered a licensee.
Determining the status of a visitor is generally the basis of a premises liability claim. Because the lines between categories can become blurred so quickly, though, those injured on someone else’s property should speak to a Fulton County premises liability lawyer before filing a claim.
Types of Premises Liability Claims
When thinking of premises liability claims, most people think of slip and fall accidents. This is not surprising, as these claims are some of the most commonly seen civil claims in Fulton County and around the country. However, there are also many other types of accidents or injuries that could occur on a property for which an injured person may be eligible for compensation. These include but are not limited to:
- Dog bites
- Escalator and elevator accidents
- Inadequate fire safety regarding building codes and defective sprinkler systems
- Falling merchandise in a store
- Deck and balcony collapses
- Inadequate security
- Overzealous security, including false accusations of theft
- Negligent supervision of children, such as in a daycare setting
How a Fulton County Premises Liability Attorney Help
Accidents that occur on someone else’s property can cause serious injury. A slipping incident may result in broken bones, and falling merchandise could cause a concussion or other serious head injury. There may be compensation available for these injuries, but injured individuals have only two years to file a claim in order to receive it.
If you were injured while on someone else’s property, it may be important that you speak to a Fulton County premises liability lawyer. An experienced attorney could determine your status on the property, as well as what kind of compensation you may be eligible for. Call today to schedule a consultation.