Property owners and residents have an obligation to maintain their environments in a reasonably safe way. Known as the doctrine of premises liability, it holds tenants and property owners responsible for injuries and accidents occurring on their property. These incidents may range from injuries at amusement park rides to accidents that require the services of a slip and fall injury lawyer in Fort Collins. Here, potential clients will learn how liability is determined when they’re injured on another person’s property.
The Visitor’s Legal Status
In areas that focus only on a visitor’s status, there are four applicable labels: invitee, licensee, social guest and trespasser.
An invitee is a person who is invited onto another person’s property; the invitation typically implies that the property owner has taken steps to make the premises safe.
- A licensee enters for their own purposes at the owner’s consent.
- Social guests are welcome visitors.
- Trespassers enter with no right to do so.
- In the case of a licensee or a trespasser, there’s no implied promise as to the safety of the premises.
The Property’s Condition and Each Party’s Actions
In jurisdictions where consideration is given to the premises’ condition and the visitor or owner’s activities, a standard is applied to licensees and invitees. The standard requires property owners to exercise reasonable care for the safety of any visitor other than a trespasser.
Trespassers on the Premises
With regard to trespassers, if an owner knows that they may enter, there’s a duty to provide a reasonable warning. The requirement applies only to conditions created or maintained by the owner, and those known to cause death or serious injury.
Child Trespassers
A property owner’s obligation to warn varies regarding children who aren’t authorized to be on the premises. Owners must offer a warning if they know (or should know) that children may come, and that a condition may cause death or serious injury. This special duty is typically referred to as the attractive nuisance rule.
Get Free Legal Advice
If a person has suffered an injury on another individual’s property, they should speak with a slip and fall injury lawyer in Fort Collins to protect their rights. Contact the firm of Burton & Burton for a free claim analysis.
