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Key aspects of premises liability

by | Apr 2, 2019 | Uncategorized

Accidents occur daily, and they can leave people with serious injuries that lead to financial strain. Thankfully, measures exist to allow them to seek proper compensation.

If you or a loved one had an accident on a personal or business property, you may be able to file a successful personal injury claim. In these types of cases, it is important to understand a few key aspectsof premises liability.

How to classify

Thereexist three different types of classification that you may fall under as a visitor:

  1. Invitee
  2. Licensee by invitation
  3. Bare licensee

If you enter a property without permission, you would receive the trespasser designation. It is important to note that,depending upon the nature of the visit, people can occupy different classifications. The classification at the time of the accident is critical to a claim.

Responsibility

The owner’s level of responsibility varies depending upon the classification of the visitor. For example, if an inviteeslips and falls on a property due to a spill that was known but not cleaned up, the owner would be liable. On the other hand, if a trespasser slips and falls on a wet floor on the property after business hours, the owner would not be liable. Therefore, it is important to understand the owner’s level of responsibility in conjunction with your classification type at the time of the accident.

Negligence or premises liability

Though premises liability falls under negligence, they are two different types of personal injury claims. In short, negligence involves an injury that occurs from an ongoing activity, while premises liability is an accident that occurs due to certain conditions on the property.

Understanding these aspects can aid you in creating a solid claim. Whatever path you choose, collecting and presenting all pertinent evidence is key.