Premises liability is the law that makes the owner of the land or a premise responsible for specific injuries that are suffered by the people present on the premises or land.
While there are some cases associated with premises that are considered simple like slip and fall incidents, the laws of some of the states do not favor the owner of the premise. Thus, it is very important to consult an experienced premises liability lawyer in Lake County, CA in the assessment of a premises liability case.
There are several concepts and terms that are involved in premises liability. It is important to know these concepts and terms to understand the cases under premises liability theories of negligence.
The Possession of Premises
Within the context of premises liability, a person who possesses the land or premise is:
The person who is occupying the land with the intent to control the land or another individual who is consequently occupying the land or premise with the intention to control it.
The person who is entitled to the immediate occupation of the premises or land, if no other individual is in possession as defined.
The Status of the Plaintiff
Based upon the premises liability law, it is necessary to determine if the plaintiff is a licensee, invitee or a trespasser. The lawyer’s duty to the plaintiff will vary depending on the status of the plaintiff.
Invitee. The invitee is the individual who is invited to remain or enter the premises or land. Typically, the purpose of inviting a person is for commercial advantages to the possessor of the premises. The purpose may also be directly or perhaps indirectly associated with a business deal with the possessor of the premise. The invitation may be express or perhaps implied. The premises owner owes the maximum duty of care to an invitee. This would include people who shop at a store or go to a property for a business purpose.
Licensee. The licensee is the individual who is invited to remain on the premise for any purpose except for commercial or business purposes. The possessor of the premises is actually liable for the physical harm that is caused to a licensee by a condition found on the premises. This means in short, that an invited guest is a licensee.
Trespasser. A trespasser is an individual who enters the premises without any expressed or implied invitation. He or she remains on the premises for his or her own purpose.
Securing the Services of an Experienced Premises Liability Attorney
When subjected to a premises liability case, it is very important to seek help from an experienced premises liability lawyer. This way, the lawyer can provide you with options on how to go about the case. In addition, the lawyer can also provide comprehensive explanations about the different concepts involved in a premises liability case.