Premises Liability

Anyone who owns property and allows others to enter owes a person a duty of care not to injure them. However, that duty changes depending on the nature of the person on the property.

Invitees- A person who is given express or implied invitations to enter the premises for the mutual benefit of the owner and invitee. The most common example is a customer at a store. Invitees are afforded an utmost duty of care by the courts.

Licensees- This person has a license to remain on the property of the owner with their consent but is not on the property for the benefit of the owner. The owner in this case has a duty to warn the licensee of any dangers on the property known to the owner.

Trespassers- These are people who are on an owner’s property for their own purposes without the owner’s permission. In this case the owner only has a duty to not cause injury but the owner is not obligated to keep the property in safe condition for the trespasser or warn the trespasser of any dangers.

Children are held to a different standard than an adult would. This is because children lack the mental capacity to understand danger compared to an adult. Additionally, property owners must contend with what’s known as an attractive nuisance. This could be anything that piques the interest of a child such as a swimming pool, building equipment, or a rail switch yard. Because children can’t appreciate the latent damage property owners are obliged to put barriers around these types of items in order to prevent a child from reaching this danger.

If you or a loved one has been injured as a result of a bus accident, contact premises liability attorney Benjamin Roberts today at 713-609-1898. You want an attorney that has experience handling premises liability claims and knows what you will need to do to recover not only from your injuries but also recover compensation from those who caused your injuries.

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