When Is the Property Owner Liable for injuries you Receive While on His/Her Property?

Whether you were an invitee, a “licensee” or even a “trespasser,” the property owner generally will have some (if not all) responsibility for any premises injuries you receive while on the property.

Invitee

An “invitee” is a person present on the property due to the fact that the owner invited the person onto the property, either by direct invitation or belief the property is open for their use.

People under this definition can be business customers (Wal-Mart shoppers), patrons of public areas (museums or parks), and guests (parties). In general, if the property is open to the public and the owner of the property invites the public in, the public is an “invitee.”

A property owner owes a duty to keep invitees safe on their property. This encompasses daily checks on the premises for dangers, fixing hazardous conditions, and notifying visitors of possible hazards. If an invitee gets injured from the owner’s inability to keep the property in good condition or give sufficient warnings, the owner could be held responsible for the injuries incurred. Nevertheless, the degree of liability could differ according to the nature of visitor present on the property.

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Legal Responsibility Based on Visitor Status

In premises liability cases, a property owner’s responsibility depends on the visitor’s legal status. Invitees, such as customers or clients, are owed the highest duty of care; property owners must keep the premises safe, fix known hazards, and clearly warn of any risks. Licensees, like social guests or individuals on the property for personal reasons, must be warned of hidden dangers but do not require the same level of inspection for risks. Trespassers, on the other hand, are owed minimal protection. While property owners should not intentionally harm trespassers, they are generally not liable for injuries unless malicious intent or gross negligence is involved.

Why Seeking Compensation Matters

If you’ve been injured on someone else’s property, understanding your legal classification is key to building a strong case. Injuries can result in significant expenses—medical bills, lost income, and long-term pain and suffering. At A1 Accident Lawyer, our experienced premises liability attorneys will carefully investigate your case, determine liability, and fight for the compensation you deserve. We work closely with experts to ensure every detail supports your claim, so you can focus on healing while we handle the legal burden.

Conclusion

Regardless of your visitor status, if a property owner’s negligence caused your injury, you may be entitled to compensation. Contact A1 Accident Lawyer today for a free consultation and let us help you get the justice you deserve.

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We bring each client a combination of deep industry knowledge and expert perspectives from other industries on the challenge at stake, to offer our clients fresh perspectives and breakthrough business insights.

Stephen B. Mashney ESQ
Stephen Mashney

Managing Partner

Stephen Mashney

Managing Partner

all@MashneyLaw.com

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Ibrahim Ellahib
Ibrahim Ellahib

Partner

Ibrahim Ellahib

Partner

all@MashneyLaw.com

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Ju Chung
Ju Chung

Litigation Paralegal

Ju Chung

Litigation Paralegal

all@MashneyLaw.com

Hala Ahmed
Hala Ahmed

Litigation Paralegal

Hala Ahmed

Litigation Paralegal

all@MashneyLaw.com

Frequently Asked Questions

For example, a landowner is not responsible for a slip and fall accident if the person who fell is considered a trespasser. But the property owner has certain legal responsibilities regardless of the status of the person entering upon the property. Some of these responsibilities include:

In most cases, property owners are not responsible for trespasser injuries, but exceptions exist, such as intentional harm or known hazards that could cause serious injury.

An attractive nuisance is a potentially dangerous property feature (e.g., swimming pool, construction site) that may attract children. Property owners must take precautions to prevent harm.

It depends. If the property owner acted negligently or intentionally caused harm, you may have a case. Consulting an attorney can help assess your legal options.

Document the incident, seek legal advice, and avoid making any statements that could be used against you. An attorney can help protect your rights.

An attorney can evaluate your case, determine liability, and represent your interests in legal proceedings to seek compensation or defend against claims.

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