The Types of Claimants in a Premises Liability Case

    Posted on Friday, April 10th, 2020 at 10:30 am    

    When you enter the property of another person, you expect that the premises is safe for visitors. However, not all property owners and occupiers keep their premises free of hazards, and when an accident occurs they may be held responsible under the theory of premises liability. However, Georgia law differentiates between three different types of visitors to property in a premises liability case, and how you are identified may mean the difference in whether you can collect compensation for your injuries. At Jonathan R. Brockman, P.C., we understand the complexities of premises liability claims and are here to help. If you have been injured on another person’s property, call or contact us today for a free evaluation of your case.

    Invitees in a Premises Liability Case

    The first type of claimant in a premises liability case is an invitee. An invitee is someone who was expressly invited or was given an implied invitation to enter the premises. Invitees include tenants in an apartment building, customers at a store or restaurant, ticket holders at a sporting event, students at school, and patients at hospitals or nursing homes are all considered invitees in Georgia. An owner or occupier of property has a duty to exercise ordinary care in keeping the premises safe for invitees.

    Licensees in a Premises Liability Case

    The second type of claimant in a premises liability case is a licensee. A licensee is someone who is allowed onto a person’s property for their own interests, convenience, or gratification. Licensees are also referred to as social guests and are not customers or trespassers to the property. An invitee can become a licensee in a premises liability case if they go beyond the bounds of their invitation, such as venturing to an area blocked off for invitees or returning to the premises after hours. An owner or occupier of property has a duty to not wantonly or recklessly expose licensees to hidden hazards. They may be held liable only if they knew or should have known about the dangerous condition and either failed to take steps to fix the hazard or warn licensees about its existence.

    Trespassers in a Premises Liability Case

    The last type of claimant in a premises liability case is a trespasser. A trespasser is a person who knowingly or by mistake enters another person’s premises without permission. An owner or occupier of property has a duty to not willfully or wantonly injure a trespasser, but otherwise is not liable for injuries that occur to a trespasser on their property. The most common example of a person being held liable for trespasser injuries is when a spring trap or other harmful measure is taken to keep others off of the land and it causes injury.

    Contact Our Office Today

    If you or a loved one has been injured on the premises of another and have questions about liability in your case, call the office or contact us today at Jonathan R. Brockman, P.C. in Atlanta to discuss your claims.

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