New York Premises Liability Injury Lawyers

INVITEE, LICENSEE, OR TRESPASSER

When a person is injured as a result of unsafe property or building conditions, they may have a right to make a claim for their damages against the owner of the property. Many homeowners and business owners fail to secure a sufficient level of liability insurance to cover the amount of any damages from an accident on their property. If the premises liability insurance is not sufficient to cover the claim, then the homeowner or business owner will become personally responsible for the damages. If you have been the victim of a premises liability accident, please contact Wingate, Russotti & Shapiro today for a free consultation with a skilled New York premises liability attorney.

The landowner's duty to protect an entrant on the land depends on how the entrant is classified. The entrant on the land can be classified as a trespasser, licensee, or invitee. The landowner's duties are different for each type of entrant. Of course, the landowner owes less of a duty to protect the trespasser then the other types of entrants. The landowner's duty of care is highest for business invitees. In New York, there is the standard of "reasonableness under the circumstances" of a particular case.

INVITEE

There are two types of invitees- one who enter as a result of public invitation and business visitor.

The Public Invitation

Today most courts recognize a broad definition of public invitation including any person on land open to the public or to the class of the public of which the entrant is a member. For instance, users of public parks and visitors in hospitals though having no specific business purpose on the land are invitees and entitled to ordinary care.

Invitees are usually people the property-owner requests to be on the land. Invitees are entitled to ordinary care from the landowner. Ordinary care may require as little as a warning up to active efforts by the landowner to make the grounds safe. An example of active effort may be when the invitee may be preoccupied and not capable to guard himself even when he knows of the danger.

The Business Visitor

The business visitor includes people on the land sharing certain business purpose with the property owner. A business visitor may include a prospective customer or an employee as example. Though either may not make a purchase at the store, both are protected. In the case of the prospective customer, the prospect of future shopping and purchasing defines consideration as a business visitor. The property owner is obliged to make certain that a business visitor is in a location that is safe for all members of the public. When there are dangerous conditions, the property owner is required to make all necessary repairs immediately and in the interim, clearly warn the business visitors of these conditions.

LICENSEE

A licensee is a person who is technically not invited on the property but their presence is allowed. A social visitor may be considered a licensee. A licensee is often restricted to certain areas of a property though in many cases their presence moves into said restricted areas. A property owner in many situations is only considered liable for an injury if they are fully aware of dangerous conditions and if the licensee is in an unrestricted area.

Licensees are treated somewhat better than trespassers. However, the landowner owes no duty to inspect the premises or make them reasonably safe. Instead, the landowner is liable only if he knows or has reason to know of the dangerous condition on the land and should realize this condition is dangerous. Additionally, the landowner must have some reason to think that the licensee might encounter the dangerous condition. An example of a situation where the landowner may not be liable would be if a licensee is directed to the restroom and sustains injury after entering another room.

TRESPASSER

Regarding premises liability, a trespasser is one who has no permission to be on a certain property. Often a property owner is not liable for negligence toward a trespasser, as long as the negligence is not intentional or reckless. Courts are less likely to exact responsibility in many cases involving with one exception - children.

Regardless of privileges, children by their nature are very active and curious and also unaware of property laws. Because of this, property owners are expected to maintain additional responsibility if several conditions are met. These conditions include if the prospect of children trespassing is probable, the potential danger is recognized and the children due to their age may not be aware of the risk. A very common example that fits this description is the presence of a pool in a backyard, where it is reasonable for children to be prone to trespass. In this situation it is the duty of the property owner to provide some added form of security, such as a secured fence, to avoid the possibility of drowning.

THIRD PARTY ENTRANTS

In a workplace, the property owner has a responsibility to provide a safe environment for customers and employees. Because the perpetrators of violent crimes are often not caught and charged, victims often turn to the employer or property owner for compensation of injuries sustained as a result of a robbery, murder or rape. The most common locations related to third party entrants' injuries are apartment buildings, hotels, retail stores, restaurants and bars. The property owner has a duty to protect another from third party crimes when the threat of crime is foreseeable. Examples of protecting another person from third party crimes include hiring a security guard, installing gates and alarms, locks on doors, safety surveillance items and finally advising the customer of the potential for crime in especially dangerous areas.

If you or a loved one has questions regarding a Premises Liability, please contact the NY premises liability lawyers at Wingate, Russotti & Shapiro; a valued New York law firm representing personal injury and premises liability clients. Please call our office at 212-986-7353 to set up an appointment to discuss your case.

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Telephone: 212-986-7353
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E-mail: wrs@wrslaw.com