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Explaining the Law of Premises Liability

Alaska Personal Injury Lawyers
Explaining the Law of Premises Liability

When people legally enter property that’s owned and/or managed by someone else, there are certain legal rights and responsibilities that attach to the situation.  These rights and responsibilities become relevant if someone is injured while legally on the property of another, and those who have been harmed in this manner need to seek the help of experienced Alaska personal injury lawyers.  Below is a brief overview of what’s known as premises liability law.

The Legal Status of Property Entrants

As stated above, different people who enter onto the property of another enjoy different legal statuses that lead to different legal rights.  Below is a look at the different legal statuses that could attach to a property entrant.

  • Invitee – An invitee is a person who is either directly or indirectly invited onto the property of another for the general purpose of conducting business.  An example of this situation would be a restaurant patron or a shopper who enters a retail store.  The people who enter these properties are supposed to be protected from dangerous conditions, and if those dangerous conditions cannot be eliminated, they are supposed to be clearly warned of their presence.
  • Licensee – A licensee is generally someone who enters the property of another for the purpose of a social gathering, and while most licensees are directly invited onto said property, this direct invitation is not a requirement.  Much like invitees, licensees are supposed to be shielded from dangerous conditions, but unlike licensees, there is a tacit expiration of the license to be on that premises, such as when a party ends.
  • Trespasser – A trespasser is someone who enters the property of another without a direct or indirect invitation to do so, and a trespasser is someone who is not provided with the same general protections as invitees or licensees.  Since the law assumes that trespassers were not supposed to be on the premises, they are not protected from dangerous conditions absent a few exceptions.

How Alaska Personal Injury Lawyers Can Help

If someone is legally on the property that’s owned by someone else and that person is injured because of a dangerous condition that the property owner either knew about or should have known about and that owner did not eliminate the condition or clearly warn of its presence, it could lead to legal liability on the part of the owner.

However, proving these cases can be difficult given the technicalities involved with these situations.  Therefore, if you or someone you love has suffered in this manner, contact the Alaska personal injury lawyers at Barber & Banker today to schedule a free initial consultation.

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