Property managers must follow regulations to ensure that visitors who enter their premises are safe at all times. If an owner fails to follow state rules and a visitor gets hurt because of it, a judge could hold them liable for the damages.
If a landowner’s negligence caused you or a loved one harm, call an experienced Oakwood premises liability lawyer to discuss how you could file a claim against them. A personal injury attorney at Smith Hulsey could investigate the accident scene and determine if you are eligible to file for compensation.
Under state law, building, estate, and landowners must keep their premises safe for those they invite onto their property. If an accident occurs, the owner is liable for all damages a person suffers because the premises were not free of potential hazards. A qualified attorney in Oakwood could help someone figure out if their accident was caused by a liable property owner.
Premises liability is when a landowner is responsible for someone who enters their property simply because they own it. Many factors go into a premises liability case, but the most vital is the type of visitor that suffers damage. Visitors are categorized into three groups: invitees, licensees, and trespassers. Only the first two are protected under law if they get injured on someone else’s land. An Oakwood premises accident attorney could help someone review their case and determine what type of visitor they were at the time of the incident.
An invitee is someone a manager invites onto their property for their own benefit. This could be someone attending a promotional sale at a private residence, someone at a grocery store, or an electrical worker. Landowners owe invitees the highest duty of care and should ensure they keep their property clear of any hazards as the law requires.
Licensees are guests that owners invite onto their properties for reasons other than business. Dinner guests or neighbors that stop by to visit are a licensees. The owner must warn the licensee of any potential hazards that exist on their property or remove the danger altogether. Landowners owe licensees the second highest duty of care.
A trespasser is a person that a landowner does not permit to enter their property. Because the trespasser enters a premise without the owner’s knowledge, the owner is not liable for any damages caused to them. Although an owner does not owe a trespasser any duty of care, they are not allowed to go out of their way to cause harm to the person unless it is self-defense.
Only certain circumstances may justify an owner being liable for a trespasser’s injuries, such as the “attractive nuisance doctrine.”
The attractive nuisance doctrine states that children do not have the same ability that adults have to identify potential hazards. Because of this, if a child trespasses in an unsecured area and gets injured, the court could hold the property owner liable. For example, if an owner leaves the gate to their swimming pool unlocked and a child drowns, a court could find them responsible for that minor’s death or injuries.
A seasoned Oakwood attorney could help someone determine if the attractive nuisance doctrine applies to their property liability case.
If a manager’s negligence led to your damages, you have a right to hold them responsible. Whether the accident occurred on residential, private, or public property, an experienced Oakwood premises liability lawyer could help you investigate the accident scene and evaluate the case.
After a thorough investigation, a dedicated Smith Hulsey attorney could help calculate the damages for your claim and fight for the total compensation you deserve. Call today to learn more about your legal options.
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