Dangers on the Property: Who are allowed to file a Lawsuit

People go to different places for a lot of reasons. Whether it is a place built for commercial use or a private lot owned by a normal citizen, any place or property naturally needs to be taken care of in order to safeguard the people in it, even for the owners themselves. Neglecting safety entails bad consequences.

Dangerous conditions on property not only cause imperil and injury to the people affected, it may also give bad reputation to the owners. Aside from that, both parties will experience inconvenience. The injured will have to go through the pain of the harm caused, while there’s a possibility for the property owners to face a lawsuit under the legal theory of Premises liability.

There are three kinds of people that are allowed to file a claim against the property’s owner.

• Invitee: From the name itself, the invitee is a person invited on the premises, through verbal means or implication, for commercial purposes. Establishments that are for financial benefit have to uphold the duty of care to the invitee.
• Licensee: Otherwise known as “social guest,” a licensee is invited to the area for other reasons, except those that are business-related. Like the invitee, the permission may also be expressed or implied.
• Trespasser: A person who entered a property without any form of permission from the owner and has no motive to be around it is a trespasser.

Even if these people are eligible to file a lawsuit against the property owner, there still are a few conditions that must be met in order to win the case and prove negligence.

• The owner knew that the defect may harm anyone.
• The owner knew about the irregularities or defects around his property but did not make a move against it before the guests arrived. Any accidents that result to injury involving a guest will be accountable to the owner.
• Standard of care was not upheld.
• The guests were not informed by the owner about the defects.
• In the case of a trespasser, the owner doesn’t have to uphold care since the trespassers are merely intruding. However, if the owners are aware of the possibility of trespassing, they should then exercise care.

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