In a Pennsylvania premises liability claim, a victim's ability to take
legal action against the owner will depend upon whether they were an invitee,
licensee, or trespasser. In this blog, our Philadelphia personal injury
attorney discusses these three legal statuses. For the dedicated counsel
you need in your injury claim,
call our firm today at (215) 569-1500.
An invitee is a person who was invited to the premises for the purpose
of conducting business with the owner. Typically, property owners owe
the highest duty of care to invitees. Examples of invitees include shoppers
at grocery stores or patrons at a library.
A licensee is a person who has consent from the owner to be at the property
for a non-commercial and non-business purpose. In some cases, the property
owner owes the same level of care to a licensee as an invitee. An example
of a licensee is an individual who is invited to another person's
home for a social gathering.
A trespasser is a person who does not have permission to be on the property
and has no lawful reason to be on the property. Property owners have no
duty to warn trespassers of naturally occurring dangers on their premises.
If the owner is aware of trespassers on their property, they then have
a duty to warn of man-made dangers on the property, such as an electric
fence. Owners owe a higher of duty of care if a child trespasses on their
property. Because children are less able to understand and recognize potential
dangers, the owner has a higher duty to warn of dangers, repair hazards,
and protect from possible harm.
If you or someone you love has suffered serious injury in a premises liability
accident, our firm can help. Contact us today for a
free case evaluation.