If you have been injured on someone else’s property and your injury was a result of their negligence or recklessness, then you may have grounds for a premises liability claim. These cases can be complex and they require the help of a personal injury attorney. Read on to find out why proving fault can be so tricky and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
Knowing the difference between a licensee and an invitee
One of the most important things to understand bout a premises accident is the different between a licensee and an invitee. Why? Because the homeowner has different duties for each. If you still have questions after reading these definitions, please contact 909-982-0707 for help.
A licensee is a person who is a social guest. For example, it may be a friend who is invited over for dinner or just to socialize. A homeowner must not willfully injury a licensee on their property, nor can they leave them ignorant of specific hazards such as risks of slipping, tripping, and falling. One portion of this idea that is often surprising to people is the fact that even a trespasser who has no legal right to be on the property in the first place cannot be willfully harmed.
The second definition is an invitee. This is a person that a homeowner has asked or hired to come on to their property to do work. In this case, the homeowner has even greater responsibilities to keep them save. The homeowner is responsible for providing a safe work environment, for warning the workers of any potential dangers (including unsafe conditions), and for not willfully injuring them.
Note that if a person is an invitee and is harmed by doing something that the homeowner did not tell them to do or told them not to do, or if the invitee goes beyond the parameters of where the homeowner told them to go, then they are no longer covered by premises liability laws. That said, any homeowner who has a job that involves more than five workers would be wise to ensure said workers were insured.
Proving liability is complex and requires an experienced attorney
Now that you know what invitee and licensees are, you may be able to see why it is difficult to prove liability in some cases. Of course, if there is a clear hazard that the homeowner either knew about or should have known about, then it can be easy to determine that the homeowner is responsible for injuries that stem from said hazard.
On the other hand, hazards that are less obvious or that the homeowner did not know about can be harder to get results with. This is why you need an experienced personal injury attorney. When you reach out to Law Offices of Fernando D. Vargas at 909-982-0707, we will offer a free consultation during which we can advise you of your options and their likelihood of turning out in your favor.
