What was your Legal Status Classification and Corresponding Rights when you were injured?

It is essential to determine what your status was when you were injured.  In most jurisdictions the injured person in a premises liability claim is an “invitee”, a “licensee”, or a “trespasser.” The landowners’ responsibilities and duties may vary depending on this classification.

 The defendant's duty to the plaintiff can vary significantly depending upon how the plaintiff is classified. (Some jurisdictions have modified these definitions.) In the definitions below, "premises" should be read broadly to include land, premises, or places of business. The "possessor" is the person in possession of the premises.

Invitee

An invitee is a person who is invited onto property for a commercial or business purpose of the landowner or business owner.  Someone who enters into a hardware store to buy supplies is an invitee.  An invitee is owed the highest duty of care.  A business owner normally must inspect their land and identify hazards.
Generally, a landowner must use ordinary care to warn or protect an invitee from harmful conditions on the property if:
the risk of being harmed is unreasonable, and
the landowner knew or should have known of the danger which is unreasonably dangerous to the invitee.

Licensee

A licensee is a person who is invited onto property for any purpose other than a business or commercial one. A guest you invite over to your house is defined as a licensee and not an invitee, as they are not visiting your house for a business or commercial purpose. 
If you were injured as a licensee, you must prove:

• The landowner knew or should have known of the danger, there was an unreasonable risk of harm to you; and the landowner did not expect you to discover or recognize the dangerous condition;
• The landowner failed to exercise reasonable care to make the danger safe, or to warn you of the danger and risks; and
• You did not know or have reason to know of the danger and risk of the dangerous condition.

Trespasser

A trespasser is a person who is not invited onto property and who enters the property for their own purpose.  Generally a landowner has no duty to warn trespassers of dangers, unless the landowner is aware of the presence of trespassers.

If you or a loved one has been injured as either an invitee, licensee or a trespasser in Burbank, please contact our Burbank / Glendale / Pasadena Premises Liability Lawyers who can assist you in evaluating your Premises Liability Case during our free confidential initial consultation.  Contact us today!