As attorneys at law, we try to bring balance to what seems like chaos, matching particular circumstances with evolving law.
Injuries are part of that chaos. They can disrupt and dismantle your entire life. If you are injured in an accident, your ability to heal yourself and get your life back on track, while minimizing your suffering, is vital to your well-being, those you are responsible for, and perhaps everyone around you. You may be able to recover monetary compensation, but every case is different.
Take for example premises liability. A term you may have heard before is “slip and fall.” If you were to fall and injure yourself on someone else’s property, you may be entitled to compensation, but it would depend on your legal status to determine if negligence exists. Negligence must be proved and the standard of duty is an essential element to that claim.
As an injured party in a premises liability case, the law attempts to designate your status as an invitee, a licensee, or a trespasser. An invitee (someone who is invited to come onto the property) is owed the highest standard of duty. A licensee (typically a friend or acquaintance who is welcome to be at your property) is owed a lesser standard of duty. A property owner owns a trespasser a lesser duty – – the duty to not intentionally injure the trespasser.
The most important thing to know is that an injured party must prove more than the simple fact that he was injured on someone else’s property. He must also show that the property owner violated one of the duties described above.
Panter Law Firm, PLLC, 7736 Old Canton Road, Suite B, Madison, MS 39110.