Accidents can lead to serious injuries and lasting problems. When another party’s negligence causes those injuries, that party should pay for the injury, pain and suffering caused.
Thankfully, a premise liability claim can aid in that process. The status of the claimant at the time of the accident is quite critical to the claim’s validity. There are three categories under which an individual may fit.
A party who enters a property by invitation has the strongest chance for a successful personal injury claim. Two categories cover individuals invited to a property:
Invitees are individuals who may not have a direct invitation from the property owner, but the owner gives an expressed invitation for the individual to visit the property. For example, vendors who enter the property of a factory fall under the category of invitees. On the other hand, people who have an expressed invitation from the property owner, or guests, are licensees.
Trespassers are individuals who enter a property without an invitation from the owner. It is important to note that the owner still owes a certain duty of care to these individuals, though it is in more of a general sense, such as properly maintaining the grounds and displaying appropriate warning signs in danger zones. However, with Ohio being a comparative negligence state, the trespasser does have a greater responsibility than an invited party who enters the property, and, therefore, would not have as strong of a claim.
The curious minds of children can get them into trouble at times. However, on public property, property owners have to implement certain safety measures to provide a general level of safety. If the property owner does not uphold these measures, an injury claim for a child can prevail.
If you or a loved one are considering a premise liability claim after your accident, you have to understand the level of care that the property owner will be held to, according to your status on the property at the time of the accident. Take some time to consider this and your best option moving forward.