Are you a licensee, an invitee or a trespasser? Check Out Your Status Before Filing Premises Liability Litigation!

Are you a licensee, an invitee or a trespasser? Check Out Your Status Before Filing Premises Liability Litigation!

If you have been a victim of the falling wall or a broken staircase or the slippery surface or may be a rugged edge of a building, then I’m sure you must be in the process of filing premises liability litigation. However, before you sue the owner of the property or the caretaker you need to ensure your rights as a plaintiff. While these types of accidents or mishaps cater to broad array of litigation, not every case or claimant is entitled for a settlement amount from the opposite party. While the category of tribunal case you may be fall may be varied in nature, the legal technicalities too enforce a respondent to acquire an in depth knowledge of his or her constitutional rights before even consulting a premises liability lawyer.

Different Types of Injury Lawsuits Under Premises Liability

There are many types of officially authorized situations under the premises liability litigation category which bestow the right to an injured person to file a lawsuit against the responsible party. Some of these are trip and fall cases, slip and fall cases, step and fall cases, stump and fall cases or the litigation which took place due to the derisory condition of the accident prone edifice. While the law offers a handful of rights under which the injured person can drag the possessor of the property to the court, it is essential for you as a plaintiff to get acquainted with your status.

That means while the incident occurred within the premises of a commercial or a residential building, how you got inside that building is also relevant. Most of the jurisdictions make it necessary for the attorney to define the characteristic of plaintiff before going for court trails. When this has been delineated, the respondent can go ahead and apply for a lawsuit loan which will help him fight his legal battle. Some of the lawsuits funding agencies also want to know the position of their client, before offering them lawsuit loans, so that they can be assured of their cash advance repayment. This clearly points out the seriousness of the subject matter and therefore you should be doubly sure of your position before heading your step towards lawsuit loans offering company.

What Do These Three Different Classes of Plaintiffs Portray?

  • Licensee- Licensee definition says that he is a person who has been invited by the caretaker, owner or any other person to enter the compounds of the building. And the purpose was not business or trade related. That means, social guests fall in this, subject to fulfillment of the three things-
  1. The possessor knew about the adverse condition and did not consider it serious enough to inform about it to the licensee
  2. Owner of the accident prone area did not exercise enough precautionary measure to ensure the safety of their guests
  3. Licensee was completely unaware of the deteriorating condition of the building elements
  • Invitee- Invitee is a person who has entered the commercial building for acquiring a trade benefit. For example customers in shopping malls
  • Trespasser- An individual who tried to enter the premises of any residential or industrial edifice at their own will without anyone’s invitation