Who Would be Considered an Invitee in Relation to Texas Premises Liability Law?
When you are a guest in another person’s home or a business establishment and you are injured, oftentimes you may not be sure who can be held responsible for your injuries. This is particularly problematic when the injuries that you suffer result in costly medical bills. The Dallas premises liability lawyers here at Grossman law Offices can provide legal representation to you that will allow you to recover for these losses that you have suffered as a result of some dangerous condition that existed in another party’s building. This action will take the form of a personal injury lawsuit.
However, there are certain legal hurdles that must be jumped over in order to establish your claim in a way that will allow you to be compensated for these losses. That is what the attorneys at Grossman Law Offices can be your most valuable resource. Your ability to recover hinges on what your status was when you were inside the party’s establishment. This is the main threshold to these kinds of claims because it determines what type of a duty is owed to you as the plaintiff, which dictates what kind of recovery you may receive.
What is an Invitee?
There are three different types of classifications for persons in the home or building of another party. With each different classification comes different standards of care and duties that will be owed to you. You will either be classified as a trespasser, licensee, or an invitee. As stated earlier, each of these classifications comes with different implications. A trespasser will be a person who has no right to be on the land while a licensee normally will include social guests and non-paying household members. However, an invitee, the focus of this article, will normally include business visitors or public invitee. By business visitors, the business purpose must not be merely incidental or speculative in nature. With regard to the invitee, the key factor that will determine whether you fall into this category is inducement or encouragement. There must be some manifestation on the part of the possessor for you as the plaintiff to enter their property. An advertisement promoting a store would be the most glaring example.
What are Some Examples of Invitees?
There are two types of invitees that are generally accepted in the law. The business invitee and the public invitee. The business invitee is on your property for his or her own economic benefit. On the contrary public Invitees will typically include customers, persons that are accompanying customers, and repair persons that are invited into the defendant’s home. Additionally, public invitees are also person’s that are on the defendant’s property for a public purpose such as airport passengers, museum tourists and church attendees.
What Duty is Owed to Invitees?
If an invitee happens to be injured by an activity on the premises, then the defendant owes you what is referred to as a duty to exercise reasonable care. If you are injured by a condition, whether it is natural or artificial, the defendant owes the plaintiff a duty to warn or make safe any non-obvious dangerous conditions on the premises that they themselves know about.
One of the defining characteristics of the duty owed to invitees is that the owner of the property does have the duty to make a reasonable inspection of the premises to make sure there is nothing unduly dangerous. This is different than that of the licensee or the trespasser because if you happen to fall under one of those classifications the owner has no duty whatsoever to make an inspection of the property.
As you can see there are a number of different elements that go with this type of a claim that must be established for you to be able to hold the premises owner liable for any injuries that you may have suffered. In order to protect your interests and possible cause of action it is imperative that you seek the counsel of a skilled attorney who is familiar with these types of claims and what they require. This is exactly the kind of services that Grossman Law Offices can provide for you. If you have been injured on the property of another party by some dangerous condition or activity, you have a right to be compensated for your loss. Contact the attorneys at Grossman Law Offices to discuss your potential cause of action at 1-855-326-0000.