Sunday, March 8, 2020

I Was Injured While On Private Property, Can I Sue?

Incurring injuries are one of the unpleasant situations that may befall anybody, anywhere. Some may happen in the course of duty or at your home and the treatment it gets is almost predictable or usual. But what happens when an injury happens on another’s private property? Can the owner of the property be sued? Are there compensations awaiting the plaintiff? What are the likely liabilities? These and more are the possible questions flooding your mind and you have the right to know the answers.

Maybe you have been a victim or know one, or you naturally desire to know the circumstances and the changes therein, here lies all the information you need.

Naturally, every homeowner has the responsibility of giving care to his/her guest while playing host to them but for some unforeseen reasons, an injury happens, can the guest sue the host? The answer is “yes” if he/she wishes. Because the law expects utmost care to guests and an injury is treated as negligent and a breach in their pledge of care and duty.

However, there are three classes of visitors and they all have different laws that explain the place of the property owner, how liable he/she is and are not. These three groups are the trespasser, the licensee, and the invitees.

For residential property

The tress passer. This person simply got on your property without your invitation or knowledge. If your property is undergoing some renovation or construction, the law expects you to alert everyone with a “caution sign.” If a trespasser gets injured, he/she cannot sue you because you are not responsible for his safety.

When an invitee gets on a property, he/she comes for business-related cause, if the owner informs him/her of the threatening situation, any injury suffered later cannot be sued.

The licensee, he/she is here on a non-business linked cause and if they have been notified by the property owner of the unsafe situation, the house owner cannot also be sued.

 

For commercial property, what you should know.

Here the law expects business owners to take extra steps in making sure their business environment is comfortable and safe for clients and customers. How? By double-checking on the workability of all appliances, non-slippery floors, and general precautionary measures.

If the property is undergoing some repairs, “caution signs” must be strategically placed to alert everyone, but when an injury is sustained the business owner is liable for suing.

For children. For any child that strays or trespasses into one’s private property and gets hurt, the “Attractive Nuisance Law” requires that property owners will pay compensation. This is so because children are unable to understand the dangers lurking in some private property even when a caution sign is displayed.

Injury legal suits can be a tad tricky particularly when it borders on private properties, this makes knowing the likely cases and chances for suing and compensation necessary. For anyone looking up for information or a guide to guard his/her business or self, here is the help you’ve been waiting for.

 

 

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from Herrman & Herrman, P.L.L.C. https://www.herrmanandherrman.com/blog/i-was-injured-while-on-private-property-can-i-sue/
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