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How to Tell if You Have a Premises Liability Claim
When you visit someone else’s property, you expect it to be safe enough for you to get around without hurting yourself. However, many people fail to maintain their property properly, causing others to become severely injured. If you were hurt while you were visiting a friend’s house or patronizing a business, you may wonder whether or not the owner of the property should be held responsible for your injuries.
When determining whether or not you have a case, it is important to determine whether or not you were invited to the property, or whether you were trespassing. Invitees are usually people who are allowed to be on the property or who were specifically invited over by the person owning it. For example, if a business were to have certain hours that they were open, and you went to this company during their business hours, you would be considered an invitee.
Comparatively, trespassers are people who are not allowed to be on the property. For instance, if you were to visit this same business after they closed for the day, you would be considered a trespasser. Often, trespassers do not have the right to compensation if they were hurt on a person’s property, while those who were legally allowed to be there when they were hurt do.
Once you determine whether you were rightfully allowed to be on the property or if you were trespassing, it is important that you consider the state of the property. It is critical that the use of the property is considered as well as the property owner’s responsibilities. For instance, if you were using the property inappropriately, you may not have a case when you go to fight for compensation. Additionally, if the property owner is not responsible for maintaining the landscaping, but you tripped and fell because the area was poorly maintained, the owner of the property may not owe you anything.
If the property was in disrepair, it should also be considered how long the owner had to do something about the poor condition of his or her property. For instance, if a property owner knew that his or her sidewalk needed to be fixed, but did nothing about it, he or she could be held legally responsible for the accident. Comparatively, if the owner had plans in place to get the property fixed, but an accident occurred while these plans were being worked on, it may be harder to establish a case.To find a premises liability and injury attorney in Temecula, please visit this website.
Eric is an experienced legal advisor. You can find his thoughts at Blogspot blog.
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