Premises Liability: The Property Owner's Duty to Visitors

Duty, breach, causation and injury; these are four factors involve in many tort law cases, including premises liability. Proving these four is essential, especially if a victim of a slip, trip and fall wants to obtain compensation from the property owner or any liable party. But then, doing so entails a legal process that can be difficult for the victim and his or her family to understand, which is why it is imperative for him or her to consult with a Los Angeles premises liability lawyer.

In order for the victim of a slip, trip, and fall to successfully win his or her case, along with his or her chosen legal representative, he or she must prove that the property owner owed him or her duty, as well as failed to keep the property safe (breach of duty), and the injury sustained was a direct result of the breach of duty.

In arriving at a legal decision on whether or not the owner of the property is indeed liable for the victim's injuries, the law considers the facet of the owner's relationship with the victim as a determining factor.

As it is, the owner has three different duties to a visitor of his or her property. There are three general categories of a visitor, who is the plaintiff in the premises liability case, and these are the following:

• Licensee. A licensee is a visitor who is given an express or implied permission by the owner to enter or remain on the latter's premises for any purpose not within the realm of business. He or she could be a family member, friend, or a guest who does not engage in business. He or she is owed a simple duty, and that the property must keep the property safe and warn the guest of any inherent dangers.

• Invitee. An invitee is a visitor who is given permission by the owner to enter or remain on the premises for business purposes. He or she is owed a slightly stricter duty, so it is imperative for the property owner to address certain issues within his or her area, particularly any inherent dangers that could cause harm to the visitor.

• Trespasser. A trespasser is a visitor who is not given permission by the owner to enter the premises, but is able to do so anyway. Because of this, he or she is not owed a duty by the property owner, therefore making the latter not liable for the death of the trespasser.

-- Jon jumped-start his profession in web content writing and has written Los Angeles premises liability lawyer and car accident lawyer articles to date.