When a person enters someone else’s premises, they usually do so with the reasonable expectation that they will not be harmed. Usually they are right, but on some occasions they may receive grievous injury or other bodily harm by virtue of being present on that premises.
Laws do exist that stipulate compensation in certain of those situations where the owner of the premises will probably pay damages if found guilty of being negligent about the dangerous condition of the property. Examples of ‘dangerous conditions’ a premises include wet floors, uneven pavements and icy sidewalks. It is the duty of the owner to make sure their property is safe for all visitors.
The premises liability law states that the owner of a land or premises is responsible for any injuries caused there. The plaintiff has to legally prove that the defendant owns the property and overlooked the unsafe conditions there. It must be established whether the plaintiff was an invitee to the premises. This is vital for the case, because the law is ambiguous when it comes to injured trespassers.
Trespassers were not protected under the premises liability law until 1968, when the California Supreme Court gave a ruling which gave trespassers the right to claim compensation if injured on someone’s property. Since then, several states have incorporated trespassers into their premises liability laws. There is still a chance that trespassers might not be able to receive compensation, especially in cases where it is not foreseeable to the owner that there might be trespassers on the property.
Numerous factors govern the court’s decision in premises liability cases. The reason for entering someone else’s property, the extent of the injury and the owner’s efforts to keep the premises safe are all taken into consideration. The plaintiff can also be held partially responsible for the injury, in which case the court decides the amount of damages to be paid by both the defendant and the plaintiff.
If you have suffered from an injury on someone else’s property, you may be able to receive compensation if the owner is at fault. You should consider discussing your situation with an attorney who will assess it and give you advice accordingly.