JOE CARSON

www.injurylawoklahoma.com

OKLAHOMA CITY PREMISELIABILITY LAWYEREXPLAINS PREMISELIABILITY CASES

THESE ARE TORT CASESWHERE A VISITOR TO A

PROPERTY WASMATERIALLY HARMED AND

IS SUING THE OWNER OFSAID PROPERTY.

What arePremise

Liability Cases?

SUCH CASES CAN BESUBDIVIDED INTO

THREE BROADCATEGORIES:

INVITEE LICENSEE TRESPASSER

A PERSON WHO WASINVITED ONTO THE

PROPERTY FORPURPOSES OF

CONDUCTING BUSINESS.

INVITEE

THIS INVITATIONCAN BE

Express Implied

IF YOU HAVE ANAPPOINTMENT TO

BE THERE,YOU WERE

EXPRESSLY INVITED.

BUT IF YOU ARE ACUSTOMER AT A STORE,

EVEN WITHOUT AWRITTEN INVITATION

YOU WERE STILLINVITED TO BE THERE.

BECAUSE COMMERCIALVENTURES EXPRESSLY

INVITE THE PUBLIC ONTOTHEIR PROPERTY IN ORDER

TO CONDUCT BUSINESS.

Why?

THE PROPERTY OWNERHAS A STRONGER

OBLIGATION TO WARNTHEM OF DANGER AND

PROTECT THEMFROM ANY HARM.

Invitees areowed the

highest dutyof care

SOMEONE WHO IS ON THEPROPERTY OF ANOTHER

WITH THEIR PERMISSION.

LICENSEE

BECAUSE THE PURPOSEOF THEIR VISIT IS

NON-COMMERCIAL ANDNON-BUSINESS IN NATURE.

This isconsider as

a socialrelationship.

WHY?

A PROPERTY OWNER HAS ASIMILAR LEVEL OF OBLIGATION

OR DUTY OF CARE TO ALICENSEE AS THEY WOULD

HAVE TO AN INVITEE.

Inmost

states

ARE ENTITLEDTO THE SAME

EXPECTATION OF SAFETY.

Guests at aparty andcustomersin a store

OR THE UNINVITED:A PERSON WHO IS ON THE

PROPERTY ILLEGALLY.

TRESPASSER

SO, THE PROPERTY OWNERHAS THE LOWEST DUTY

OF CARE TO THEM.

They may havebeen warned that

their presencethere is unwanted

and illegal.

IT DEPENDS ON SITUATION.PROPERTY OWNER MAY STILL

BE HELD LIABLE FOR INJURY TOSUCH INDIVIDUALS.

However, thisdoes not mean

there isno duty of care.

IF YOU WERE INVITEDTO BE THERE,

YOU HAVE A STRONGER CASETHAN IF YOU WERE NOT.

SOMETHING TOBEAR IN MIND

OKLAHOMA CITY PREMISELIABILITY LAWYER

JOE CARSON

CONFUSED OR NEEDCLARIFICATION BASED ON

PREMISE LIABILITY LAWS ANDWHAT YOU MIGHT BE IN CHARGE

OF YOURSELF?ASK JOE CARSON, YOUR