Duty of Care Owed in Premises Liability
When you enter the property owned by another, whether it is a business or a friend’s house, you assume the premises are safe and dangerous conditions are not present. Unfortunately, accidents do occur and you may be injured on another’s property. The Law Offices of Todd K. Mohink, PA will evaluate your injury claim to see if the owner of the property is liable and should pay you damages. This area of law is called premises liability. Our Glen Burnie and Columbia premises liability attorneys have experience in ensuring injured parties receive the compensation they deserve. The level of care the owner owes you depends on the reason you were on the property.
What Was Your Purpose for Being on the Premises?
The duty of care owed is based on the status of the visitor. There are four types of visitors:
- Social guest
- Bare licensee
A person who is invited onto another’s property for business purposes is called an invitee. This invitation can be expressed or implied. An implied invitation is applicable to premises that are open to the public to engage in business dealings.
Invitees are owed the highest duty of care by the property owner. Owners are expected to use reasonable and ordinary care to maintain safe conditions on the property. An owner is liable for an invitee’s injuries if the injury is a result of the owner’s failure to exercise due care and maintain the safety of the property.
If the owner is found liable, he will have to pay damages for the invitee’s injuries. The landowner has a duty to repair and fix dangers and to reasonably examine and correct any unknown hazards discovered in any areas of the property accessible to invitees.
A social guest is allowed onto the property by the owner and is not on the property for business purposes. Owners are required to use reasonable care to maintain the safety of the land. They must warn social guests of any known dangerous conditions on the land that the guest would not have likely discovered on his own.
A bare licensee is a person on the property, with consent, who is solely on the land for his own purposes or benefit. The only duty that the landowner owes bare licensees’ is to not intentionally or wantonly injure them.
A trespasser is a person who enters the land without the owner’s consent or permissions. Landowners owe trespassers no duty except to refrain from conduct that is willful or wanton and could cause injury to the trespasser.
Contact Us if You are Injured on Another’s Property
If you were injured on someone else’s property, you should consult with an attorney. We can help determine the duty of care you are owed and then proceed to prove the other elements of your liability action. Our Glen Burnie and Columbia premises liability lawyers will work diligently to get you the compensation you are entitled too. It is important to contact an attorney as soon as you can because there is a time limit on how long after your injury you can file a lawsuit. Proving a negligence action is intense and difficult. The sooner we can start gathering evidence, the sooner we can get your action filed so you can collect the financial damages you deserve.