In New York, under premises liability laws property owners can be held liable for accidents that occur on their premises. Legally, property owners are required to maintain safe conditions for patrons and guests. They owe certain visitors a certain degree of duty. This duty of care requires them to remedy any unsafe hazards that could result in injury. If they leave the dangerous condition unattended it could result in serious injury which they could be held accountable for. In the unfortunate event that you or someone you love is injured on someone else’s property, contact a skilled New York City Slip and Fall Lawyer who can help you prove a property owner owed you a degree of duty.
What is the difference between invitees and licensees in a premises liability case?
Essentially, to determine whether a property owner can be held liable for damages, one must first determine what degree of duty the property owner owed them. With premises liability claims, visitors are broken down into three different classifications:
- Invitee. An invitee is a person who has explicit consent from a property owner to be on the property.
- Licensee. A licensee is a person who has implied consent from a property owner to be on the property.
- Trespasser. A trespasser is a person who does not have consent from a property owner to be on the property.
Invitees and licensees both have permission from a property owner to enter a property. However, invitees are owed the highest degree of duty as they have explicit consent to be on a property. Invitees typically enter premises for business or commercial purposes. While licensees enter a property for social purposes or of their own volition. Licensees are not owed the same duty as invitees. Licensees have limited permission when it comes to entering a property, however, they are still owed a certain degree of duty. Trespassers on the other hand are not owed a duty of care as they lack the proper permission from a property owner to be on the premises in the first place. Nevertheless, if a property owner willfully or deliberately injures a trespasser, they may be held liable for a trespasser’s damages. Furthermore, to file a claim to seek monetary compensation for damages, invitees and licensees have to fulfill the burden of proof. This means they must:
- Prove the property owner owed a legal duty of care.
- Prove the property owner breached that legal duty of care.
- Prove the property owner’s breach of duty directly caused the injuries and damages.
Ultimately, an invitee and a licensee are entitled to file a claim against a negligent property owner if the property owner’s negligence directly led to their injuries. If you have been injured due to the negligence of a property owner, get in touch with one of our adept and trusted team members. Allow our firm to help you seek the justice you deserve today.