Premises Liability

When we are invited over someone’s house as a guest or to do work for them, the last thing we think about is getting injured on their property.

However, many of us venture onto the property of another on a daily basis without even thinking about it.

Some of us trip on an object negligently left in the grocery aisle while others fall over a toy that the neighbor’s child left outside during a barbeque.

No matter how it happens or when it happens, it hurts and you should be compensated for any personal injuries that you suffered at the hands of another individual.

What is Premises Liability?

Premises liability is a niche area of personal injury law that holds landowners responsible for certain injuries that occur on their property.

Depending on the surrounding circumstances, a landowner will be responsible for any personal injuries that you suffer while on their land.

However, this does not apply in all situations and a landowner will have a different duty of care depending on how you got onto their property.

Categories of Liability

There are three categories that you may fall into as a victim of a personal injury while on another person’s property.

  1. Trespasser: If you are trespassing on another person’s property and are subsequently injured, that landowner will not be responsible for any injuries that you suffer UNLESS he should have expected you to be there.
  • Imagine, a construction company leaves its site entirely exposed and does not mark it with caution tape. The site contains a huge mound of sand and is right next to a pre-school. Your child discovers this mound and runs over to it, seeing an opportunity to play. However, due to it being in a construction site, your child gets hurt. Here, in this case, the construction company WILL likely be responsible for your child’s injuries.
  • Why? Think about it. The site is entirely exposed, very dangerous, near a school, and most folks know that children love to climb on things and play in the sand. Due to all of this, it will be expected that a child may be there and it is reasonable to infer that one would get hurt.
  • However, it should be noted that this is usually the exception to the rule since most trespassers are unexpected.
  1. Licensee: If you are a licensee on the property of another, that landowner will not be responsible for any injuries that you suffer unless you were hurt by a hidden defect that the landowner knew about.
  • Am I a Licensee? A licensee is an individual who was invited onto the property of another as a social guest (e.g. for a party, to swim, etc.).
  1. Invitee: If you are an invitee on the property of another, that landowner will not be responsible for any injuries that you suffer unless you were hurt by a hidden defect that the landowner knew about or the landowner failed to make a reasonable inspection of his property.
  • Am I an Invitee? An invitee is a person who was invited onto the property of another for the purposes of doing business (e.g. a painter, builder, business partner coming for a meeting, etc.)

Who Should You Contact?

If you were injured while on someone else’s property, make sure you contact an experienced personal injury attorney who understands the nuanced intricacies of premises liability. Contact Adam H. Rosenblum of The Rosenblum Law Firm today. He can be reached via e-mail or phone at 973-594-6552.