Property Owners And Premise Liability
Property owners are required to maintain safe conditions on their property, or properly mark hazards and when a property owner fails to do either of these, which results in personal injury, oftentimes a premises liability case arises. Such premises liability cases are oftentimes caused by a person falling or slipping, accidents in construction areas, or inadequate security resulting in criminal assault. Property owners properly caring for their property, or immediately marking hazardous conditions in order to warn visitors can prevent premises liability cases. The level of liability, or duty of care, that a property owner is responsible for when it comes to an injured person is dependent on the category of the relationship between the property owner and the injured person. Relationships between property owners and an injured person typically fall into one of three categories. Those categories are trespasser, invitee, or licensee.
Generally a trespasser is someone who is visiting the property without the consent or permission of the property owner. Property owners are prohibited from creating dangerous situations for trespassers or to catch trespassers. However, property owners are not required to repair dangerous conditions on behalf of trespassers or warn trespassers of such dangerous conditions.
A licensee is a person visiting the property with the permission or consent of the property owner. A licensee is not; however, trading benefits with the property owner. Houseguests are a common example of a licensee. Property owners are required to warn licensees about known dangerous conditions, but property owners do not have to immediately repair dangerous conditions or inspect the property for dangerous conditions.
An invitee, sometimes referred to as a "business invitee," is a person who is visiting the property for reasons that a mutually beneficial for both themselves and the property owner. While it is common that a monetary transaction would take place between a property owner and an invitee, the exchange of money is not required for the relationship between parties to be considered mutually beneficial. Property owners have an express duty to protect invitees from hazardous conditions by placing appropriate warnings until the situation is remedied. Property owners are responsible for regularly inspecting the property, and immediately fixing any dangerous or hazardous conditions that arise. Until the repair of the hazardous condition has been completed, dangerous areas should be clearly marked, to warn invitees about the hazard.
Should a property owner fail to warn their guest(s) of dangerous or hazardous conditions, and such negligence result in an injury, the injured person may be entitled to compensation. A premises liability case can determine the amount of compensation, based on the evidence presented by the injured person and the property owner. Such compensation in premises liability cases is awarded to help the injured party pay medical expenses, recover lost wages, and the cover other expenses incurred by sustained an unexpected injury.
About the Author
Negligence of property can lead to a premise liability case and the victim is entitled to compensation for injuries and damages. If you are a victim of premise liability then it's time to act. Contact the experts at Injury Law Oklahoma and get help - http://www.injurylawoklahoma.com/
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