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Three types of premises liability lawsuits

Premises liability lawsuits have three primary classifications for injured people: invitees, licensees, and trespassers. The property owner’s liability can vary greatly based on the injured person’s classification. People injured on someone’s property must prove that the property owner was somehow negligent and that the injury was due to the owner’s negligence.

Classifications of injured people

Property owners must make reasonable efforts to maintain their property and remedy any unsafe conditions that could cause injury to someone who enters the property. This holds true whether the owner is present when the person was on the property and even if the injured party was not invited onto the property.

Invitees: This category includes people entering the property for business purposes. They may be employees or customers. The invitation can be expressed or implied. Business owners have a duty to maintain a safe environment and take necessary precautions to prevent the general public from entering hazardous work areas. Business owners should also be sure all employees have proper safety equipment and training for their work responsibilities.

Licensee: The term licensee most often refers to social visitors. This type of visitor is possibly a friend of the owner or an employee. The term can also apply to uninvited visitors like fireman or police officers who are responding to a call from the property.

Trespasser: A trespasser is someone who knowingly or unknowingly enters the property without permission. A property owner can’t willfully cause injury to trespassers. Owners must take reasonable precautions to prevent curious children from being injured. Children do not have the same appreciation for dangerous situations as adults and can expose property owners to greater liability than if the injured party is a trespassing adult.

Proving property owner negligence

The laws for premises liability vary by state. A Las Vegas premises liability lawyer is familiar with Nevada laws and can advise injured parties on their legal rights and the best course of action. A person injured on another person’s property must prove that a dangerous or hazardous condition existed on the subject property. They must show that this dangerous condition led to their injury. They also must show that the owner of the property knew of unsafe conditions or should have known about it. Finally, injured parties need to prove that the property owner had a reasonable opportunity to correct the dangerous situation or make any visitors aware of it so they could avoid injury.

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Las Vegas Personal Injury Lawyer Cliff Marcek

Mr. Marcek has published several legal articles, been a featured speaker on legal topics and has represent several clients pro bono during his career. In addition, Mr. Marcek was a member of the Attorney Generals Commission on Military Assistance in 2015.

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