If you are injured on another person’s property, you may be owed compensation in a premises liability claim. These cases cover injuries on public and private property when the owner’s breach in the standard of care is to blame for the accident. A diligent personal injury attorney could help gather the evidence and other key details needed to accomplish the best possible legal outcome.
Let an Orangeburg premises liability lawyer advocate on your behalf. Speak to a qualified team member at Whetstone Perkins & Fulda today to find out more information.
Defining Premises Liability in Orangeburg
Invitations to visit a property can be expressed or implied. An expressed invitation is formally given in writing or by verbal means, such as receiving a birthday party invite in the mail. Implied invitations, however, require no spoken or written details, and frequently occur with businesses open to the public. For example, although no one gave a personalized invite to shoppers at a retail store, they are still welcome to visit and shop at their convenience.
Most owners must use reasonable care when allowing visitors on their property. The specific level of care will depend on the visitor’s legal status, which is most often determined by the reasoning for their appearance and whether they were invited. These statuses include:
An invitee is a person with implied or expressed permission to be on the property. They are there for a mutually beneficial purpose to them and the property owner—most commonly in business transactions.
These invitees are given a high level of care. This includes the right to a warning about known dangers and even reasonable inspections by the property owner to look for latent and undiscovered hazards.
Licensees are individuals such as social visitors, houseguests, and others who enter another’s property but for their own benefit. They are owed a slightly less strict standard of care. Landowners must warn of known dangers but usually are not required to conduct inspections of the property.
Trespassers are given the lowest duty of care because they are not invited to the property. Their presence is unwanted and unpermitted. The owner’s only obligation to most trespassers is to avoid willful injury to them for trespassing.
Premises liability attorneys in Orangeburg know the differences between licensees and invitees and could provide more information on what duty of care was owed in a particular incident.
Actual vs. Constructive Knowledge
Property owners might claim they did not know a danger existed in hopes of being released from their legal responsibility. It is considered actual knowledge if a property owner knew of the hazard, even if they claim they did not. Additionally, the courts can still assume that an individual had constructive knowledge if the danger would have been known through diligence and maintaining a proper duty of care.
Constructive knowledge is a unique legal concept that requires experience and training to prove in court. A goal-oriented premises liability attorney in Orangeburg could provide the skill and understanding necessary to help gather facts that support the property owner’s constructive knowledge.
Get Help from an Orangeburg Premises Liability Attorney
When you are invited to someone else’s property or business, you deserve to feel that your visit will be safe. If you experienced harm due to a breach of care, you could be owed financial compensation that could cover your medical expenses, lost wages, and more. Premises liability cases deal with unique law and complicated facts, and you need a knowledgeable attorney who knows how to best represent your interests.
Let an Orangeburg premises liability attorney from Whetstone Perkins & Fulda analyze the details of your accident. Call today for proactive legal help.