Visiting a friend, neighbor, or loved one is a great way to build and maintain relationships. Visits to the homes of these people are usually for holidays, date nights, playdates for your children, to borrow tools and many other reasons. More often than not these visits are welcome by the owner of the property, which means you were invited. When you visit one of these properties and suffer an injury it’s possible that you could have the basis for a premises liability lawsuit. A Temecula premises liability attorney from Hiden, Rott & Oertle LLP, Attorneys at Law can review your case, examine the injuries you suffered, and help you wade through the legal landscape as you try to recover compensation for your losses.
Types of Cases Involving Premises Liability
A variety of cases involving personal injury can be classified as premises liability. These include any of the following:
- Dog bites
- Slip and fall accidents
- Inadequate security
- Inadequate lighting
- Inadequate property maintenance
- Escalator and elevator accidents
- Swimming pool accidents
- Accidents at amusement parks
- Defective areas of a property
Duty of Care Owed by Property Owner
The owners of any type of property, both commercial and residential, owe visitors a duty of care. This duty of care must be reasonable when it comes to the maintenance and ownership of their property to all possible visitors. When it comes to being a visitor to a property there are three kinds: invitees, licensees, and trespassers.
An invitee is defined as any person who has been invited to visit the property by the property owner or the person who lives or works there. The property owner owes the invited visitor a duty of care to keep the property reasonably safe and free from hazards that could lead to injuries.
A licensee is defined as a person who has the permission of the property owner to visit the property, but is doing so for their own individual reasons. For example, a licensee might be a salesperson or a landscaper. The property owner owes the licensee a duty of care that only warns the visitor of a potential hazard that the licensee might not be able to spot themselves.
A trespasser is defined as any person who does not have the permission to be on the property, either residential or commercial. For the most part, property owners do not owe trespassers any duty of care unless he or she is a child. In the event that the trespasser is a child the property owner owes a duty of care that reasonably avoids a foreseeable risk of harm (swimming pools).
Contact an Attorney for a Consultation
A Temecula premises liability attorney can help you determine the course of action for your case. The team at Hiden, Rott & Oertle LLP, Attorneys at Law will offer compassionate, honest, and trusting legal counsel when retained to handle your case. Call the office today at 619-630-0205 to schedule a consultation so you can move forward with seeking compensation for the injuries suffered in a premises liability situation.