If I'm Injured on Someone's Property, Does Why I'm There Determine My Compensation?
The reason that you are at a location, or your status, can impact your right to compensation.
The owner or person in control of property owes a variable duty to protect people on that property from harm. The responsibility depends on the class of individual assigned under the law. The law recognizes four classes of people who could be injured on another’s property.
- social guests
- bare licensee, and
The last category is fairly self-explanatory. A bare licensee has permission to be on the property, but not at the owner’s request, and is there for his or her own business. The owner of a premises really owes no obligation to individual falling into these classes, other than to refrain from intentionally harming them. So, if the contention is that person slipped on ice or snow, and sustained personal injury, and the person is deemed a trespasser or bare licensee, there is no responsibility or liability on the part of the property owner for that injury. The analysis can be different, and nuanced when invitees are involved in personal injury causing events.
-This Article was updated by Eric Kirk on 6/25/20.
I've made a career of battling insurance companies, and I have found that premises liability cases are often the most challenging. I'd be happy to take a complimentary look at your claim and offer my opinions and advice. Feel free to contact me today to schedule a discussion.