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Premises liability and the status of the injured party

When a person is injured on another person’s property, the question of who is responsible for the injury arises. Property owners in Louisiana have a duty to keep their premises reasonable safe so that those who enter their property are not injured. If they fail in this duty and a person is injured, the injured person may be able to pursue a premises liability claim against the property owner, depending on the circumstances.

How does the legal status of the visitor affect premises liability?

In some situations, the status of the person injured on your premises can affect whether they can seek a premises liability claim. The following is a brief overview of these statuses.

Invitees

Invitees are those invited onto your property. A common example of an invitee is a customer at a store. Those who invite others on their premises in such a manner are implied to have taken reasonable steps to ensure that their property conditions are safe.

Licensees

Licensees are those who are on your premises either for their own purpose or as a guest. Licensees have permission from the property owner to be on their premises. A common example of a licensee is a social guest. Unlike invitees, property owners do not have an implicit duty to promise that they have taken reasonable steps to ensure their premises are safe for licensees.

Trespassers

Trespassers are those who are on your premises without any right for being there. Like licensees, property owners do not have an implicit or express duty to promise that they have taken any steps to ensure their premises are safe for trespassers.

Property owners and those injured on their premises can seek help

If you are a property owner, you will want to determine the extent of liability you may face if a person is injured on your property. What your reasonable duty of care is may depend on the status of the individual harmed on your premises. Likewise, if you are injured on another person’s property, your reason for being there may impact whether you can seek damages in a premises liability claim. Personal injury attorneys in the Covington area can provide more information on this topic, as this post does not contain legal advice.

 

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