California premises liability laws hold property owners responsible for injuries that occur on their property due to their negligence. However, what is reasonable or negligent is determined, in part, by the visitor’s legal status. California law divides visitors into three categories: invitee, licensee, and trespasser. Knowing which category you fall into can help determine if you have a valid slip and fall claim – and the legal duty the property owner owed you. An experienced Carlsbad premises liability lawyer can review the circumstances surrounding your injuries to determine the category that applies to you and whether you have legal options for seeking financial compensation for your medical expenses, lost wages, and other damages.
Invitee
Invitees are people who generally enter the property for business or commercial purposes. Customers at a store are examples of invitees. These people have the owner’s explicit permission to come onto the property. Property owners generally benefit from their presence, so they owe invitees the highest duty of care.
These duties include:
- Warning them of known hazardous conditions
- Fixing known dangerous conditions
- Taking reasonable steps to discover and fix dangerous conditions they are not aware of
Licensee
Licensees are people who enter the property, usually for social or personal reasons. They have implied permission to be there. Social guests, meter readers, and mail delivery persons are generally considered licensees.
Property owners owe a moderate duty of care to licensees. They must warn them about dangerous conditions the property owner knows about. However, the property owner is not required to inspect the property for possible hazards.
Trespasser
Trespassers do not have the owner’s permission to be on the property. Therefore, property owners owe them the lowest duty of care and are only required to avoid intentionally harming them.
How the Legal Distinctions Can Affect Your Premises Liability Case
The type of visitor you were dictates the level of care the property owner owed you and will determine if you have a valid slip and fall claim. If you can show you were an invitee, this means that the property owner was responsible for inspecting their property. They can be held liable for injuries even if they were unaware of the dangerous condition that injured them. Likewise, if you can show that you were not a trespasser, you can seek compensation if you were injured by a dangerous condition the owner knew about.
Your visitor status can change during the time on the property. For example, you could have gone from being a licensee to an invitee or even from an invitee to a trespasser if the property owner asked you to leave and you refused. An experienced Carlsbad slip and fall attorney can evaluate your situation to determine your legal status and how it can affect your claim.
Contact Us Today for a Free Legal Consultation
If you were injured while visiting someone else’s property, you may be able to pursue a Carlsbad personal injury claim. The Miller & Steele Law Firm can help, starting with a free case review to discuss your legal rights and options. Call us at (760) 840-5221 or contact us online to get started with your free consultation.