| Added On April 15, 2011
Suffering a personal injury can be one of the scariest experiences of your life. Depending on the severity of your injury, you may be out of work, unable to find employment to accommodate your disability or unable to go about your daily routine. If you are suffering from a personal injury, you should contact our personal injury lawyers today to discuss your case. The law is designed to protect you against the party that injured you and you should not have to suffer alone.
One of the most common issues in a civil personal injury lawsuit involves what is known as premises liability. This area of the law protects plaintiffs who are unfortunately injured in stores, shops, malls, amusement parks and other public areas. The following details the various aspects of premises liability and may help you to focus on which premises, if any, was involved in your specific harm. If you are considering a personal injury action and are unsure which defendant to name in your action, the information below should be able to help you with your decision.
- You Were on the Property to Confer a Business Benefit: If you were recently injured while on the property of another for a business purpose, you are what is known as an “invitee” and you are afforded the highest level of protection under the law. A business invitee is one who is on the property in order to buy something, spend money or is otherwise considering a business proposal. This category encompasses any time you are on the property of a store, restaurant or shopping mall, even if you didn’t buy anything. Further, if you were on the property of an individual person for business reasons, you are still considered an invitee. The invitee status requires the property owner to protect you against any unreasonable risk of harm either from manmade items or natural occurrences and this includes a duty to inspect for such harms. If you have recently been injured while shopping or conducting business, you may have a strong case for recovery against the premises owner.
- You Were on the Property as a Social Guest: If you have been recently injured while visiting the property of another for a social reason, you are what is known as a “licensee.” The courts will require that the premises owner protect you against unreasonable risk of harm that owner knew or should have known about, but is likely not under a duty to inspect for damages. If you have recently been injured while attending a party or other such event at the home of another, you should contact a lawyer today to discuss your claim.
- You Were a Trespasser: Unfortunately, one can be a trespasser on the property of another and not even be aware of it. If you were recently hiking or walking around and were injured on the property of another, it will be more difficult to recover from the property owner because of your trespasser status. You will only be protected against man-made traps likely to cause severe injury or death. Other than that, your status may preclude you from recovery. However you should still consider discussing your case with a lawyer as soon as possible.
The preceding categories represent just a general overview of California premises liability law. Contact us today to go over your case!