How “Visitor Status” Impacts Premises Liability Claims

If you are injured on someone else’s property, you may have grounds to file a premises liability lawsuit.

However, a few things must be considered before you can do this. One of these is your status as a visitor to the premises. Here’s what this means:

Not all visitors have equal rights

There are four types of visitors you can be considered when on someone else’s property. Your reason for going to the property determines what this is. This also impacts if you have legal grounds to file a premises liability lawsuit against the property owner or occupier. The four types of visitors are:

1. Invitees

Invitees are individuals who are invited to someone else’s property. An example would be a customer going to a store. This also means the property owner or possessor has taken steps to ensure the safety of invitees.

2. Licensees

A licensee is someone who enters a property for their own purpose. They may also be a guest, but their presence has been approved by the property owner. Delivery people, for example, could be licensees.

3. Social guests

This is just as the name implies, a social guest, someone who is directly welcomed on the property. An example would be someone visiting a friend’s house for a party or attending an event.

4. Trespassers

A person is a trespasser who has no right to be on the property. There’s no implied level of care or protection for licensees and trespassers to ensure the property’s safety – although that doesn’t necessarily mean that a premises liability claim is impossible.

When can you file a premises liability lawsuit?

While other factors impact your right to file a premises liability lawsuit, your reason for being on the property does come into play. It’s best to discuss your options and know your rights before you proceed.