When trying to recover compensation for an injury that happened on someone else’s property, did you know that all states are not created equal? I’m not just saying this because I live in the best state of all, Texas; I say this because the hurdle that any plaintiff must face is dependent on the nature and extent of the property owner’s duty. This duty will vary depending on the facts and jurisdiction of the situation. Listed below are two different methods that states use to determine if damages will be awarded to a plaintiff when the injury is sustained on someone else’s property.
Some states focus solely on whether an injured visitor on your property is an invitee, licensee, or trespasser.
An invitee is someone who has been invited onto your property, such as a customer in a store. In this situation the owner of property is required to exercise reasonable care for the safety of the invitee.
A licensee is someone who enters upon the land for his or her own purpose, and is present at the consent, but not the invitation, of the owner, much like a door-to-door salesman. The owner’s duty to a licensee is only to warn of hidden dangers.
A trespasser is an individual who enters onto a property without the knowledge or consent of the owner. The owner’s only duty is to not place traps and hazards on their property, and warn trespassers of any hazards that can cause serious injury or death like a dog.
Other states focus upon the condition of the property and the activities of both the visitor and owner, instead of considering only the status of the visitor.
In these states there is a uniform standard that requires the property owner to exercise reasonable care to both invitees and Licensees when on a property.
Trespassers are factored into these states are when you are dealing with foreseeable harm to a child. A classic example of this is a property owner’s duty to fence, gate and lock a pool in a manner that keeps children out. If the property owner fails to do so and a child is hurt, they are liable for damages.
In these states it is the burden of the plaintiff to prove that reasonable care was not meet by the property owner. To do this there must be an examination of the circumstance when entering the property, the use of the property, the foreseeability of the plaintiff’s injury, and the reasonableness of the care taken to place a warning or fix the condition.
While this article defines the different methods used by states to determine damages in accident’s which occur on another’s property, it has probably left more questions than answers. If you don’t know the way your state determines damages you should contact an attorney to find out. If you or a loved one has been involved in an accident in Texas that occurred on someone else’s property and need some guidance, contact Haire Law Firm for a free consultation to see how we can help.
When trying to recover compensation for an injury that happened on someone else’s property, did you know that all states are not created equal? I’m not just saying this because I live in the best state of all, Texas; I say this because the hurdle that any plaintiff must face is dependent on the nature and extent of the property owner’s duty. This duty will vary depending on the facts and jurisdiction of the situation. Listed below are two different methods that states use to determine if damages will be awarded to a plaintiff when the injury is sustained on someone else’s property. (more…)
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