If you have sustained an injury while on private property, you may be questioning whether or not you are able to sue for the damages. Personal injury cases depend on many things surrounding you and the property owners like
There are laws and regulations that property owners must follow to ensure the safety of visitors. Here is some information that can help you determine if your personal injury could have been avoided and if a property owner is at fault. If you have questions or would like information regarding your own personal injury claim – contact the experienced personal injury attorneys at Tourtlotte Law firm in Billings.
Different types of guests have certain liabilities and responsibilities:
Invitee – An invitee is a person who has been invited to the property for the gain of the host. For example, a restaurant owner invites customers to eat at his restaurant, movie theaters invite patrons to enjoy a movie, etc. Invitees are owed the highest level of protection and property owners are responsible for taking proactive measures to make sure their guests are safe and protected from danger.
Licensee – If a person has permission to be on a property and has entered the property for his or her own purposes, they are referred to as licensees. Licensees have the right to be informed of any dangerous conditions on the property and landowners have a legal obligation to warn licensees about any hazards. (If there are obvious dangers that a reasonable person would be aware of, the landowner is not obligated to warn the licensee).
Trespasser – Trespassers are individuals who enter a property without permission. While some do, not all trespassers have ill-intent. In general, landowners do not have a duty to protect trespassers, but they cannot intentionally harm them. Trap setting and automatic weapons against intruders are not legal. If a property owner anticipates trespassers on his/her property, it is usually required of the property owner to provide warnings of any dangers on the property.
It should be noted that a guest of a property’s status can change. A trespasser can become a licensee, or a licensee can become a trespasser. The visitor may have been invited on the property but stepped into an area that was not permittable. Status changes will be observed in personal injury cases. There are many factors surrounding personal injury lawsuits that can change the outcome of a case. Be sure to consult with a personal injury attorney in Billings before you spend time and money on a lawsuit.
Guest Actions – The actions of the guest can become a factor in a personal injury lawsuit. If a guest was warned of the dangers and conditions of a property and the landowner took the reasonable and necessary steps to protect guests from harm, the guest’s actions must be considered.
Property Conditions – Property owners are responsible for keeping the property safe for guests. Maintenance and repairs are required, and the condition of a property could persuade a court to one side of a personal injury claim.
Billings‘ personal injury attorney at Tourtlotte Law Firm promises an experience for personal injury victims. Whether you have questions regarding a recent injury or you need the help of a reputable attorney due to a claim against you, you can count on the team at Tourtlotte Law Firm.