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If you visit a place of business or another party’s land, you have the right to expect the premises to be safe. However, if you or a loved one were injured because of the property owner’s carelessness, you may be unsure of what to do next.
An experienced injury attorney could help you file a claim for the harm you suffered and prove to the court that the property owner is liable. A Hermiston premises liability lawyer could also help prove that the defendant knew or should have known of the potential hazard but did nothing to fix or warn of the danger.
If the plaintiff can prove the property owner was negligent, the court will consider the injured party’s visitor status when calculating damages. The three categories are as follows:
Invitees are visitors the property owner invited for commercial purposes. For example, these guests might include a person shopping at a grocery store or mall. The invitation from the person responsible for the property implies that the invitee would be safe on that property. The property owner or manager owes the highest duty of care to invitees, and when they fail to uphold that duty, the owner can be held liable for the injured party’s damages.
A licensee is an individual who enters a person’s property for their own reason or purpose, but with the property owner’s permission. While the person in charge of keeping the property safe owes the licensee a duty of care, the duty is not as high as it is for invitees.
Finally, property owners owe individuals who trespass on their property illegally or without permission a minimal duty of care. However, if the owner of the premises intentionally does something to cause injuries or harm to trespassers on the property, the court could still hold them liable for damages they directly caused.
An attorney in Hermiston could help an injured individual file their premises liability claim and determine the category in which the claim should fall.
Attractive nuisances are an exception in premises liability law outlined by the state. If a property owner or manager has something on their property that would likely attract children, such as a swimming pool, it is their legal responsibility and duty to secure the area to keep children from harm.
If a property owner does not secure their property and a child subsequently sustains an injury while on the premises, state law could hold the property owner liable for damages. If a parent’s minor child sustained an injury because of an attractive nuisance, an experienced lawyer could help prove the defendant property owner’s fault according to the premises liability law in Hermiston.
Premises liability claims can be difficult to prove if not pursued by a legal professional. Fortunately, a seasoned Hermiston premises liability lawyer could advocate on your behalf by investigating your case and providing evidence of your harms.
If the careless actions of a property owner caused your injuries, you have the right to hold them accountable. Call the firm to discuss your case and start on your injury claim.