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Private property is that which is owned by an individual and is not open for public use or patronage. If you were injured on someone else’s private property while under the impression that you were invited or allowed to visit, you may be able to bring a case against the owner of the premises for subjecting you to dangerous conditions. Our dedicated premises liability attorneys can help you discern essential details about your case that could impact your pursuit of compensation. Call a Cherry Hill private property premises liability lawyer today to get started on your case.
A person who is permitted to enter a property is considered a visitor, and those who violate specific instructions not to enter a property are considered trespassers. An invited guest is someone who is expressly or impliedly allowed onto a property. This could also include a social invitee, social guest, or someone coming to the property for social purposes as opposed to a postal employee, for example, on a premises for a different purpose.
Alternatively, a trespasser is somebody who enters a property despite being expressly or impliedly prohibited from doing so. A person who enters a premises without permission and subsequently sustain injuries while trespassing, may not be able to file a claim for damages. The classification of guests can have a substantial impact on the outcome of a premises liability case, so it is advisable to consult qualified legal counsel about how to classify visitors.
Children are held to a different standard because of their lack of intent when they do trespass. A child trespasser is not the same as an adult trespasser who makes an affirmative decision to enter someone’s property without permission.
Private Property Owner Responsibilities
Private property owners are obligated by law to remedy obvious conditions that could lead to injury. If they are unable to remove hazards promptly, a private property owner must warn visitors about the danger. These responsibilities come from the duty of care that property owners owe to their guests and exist to promote and ensure safe conditions at publicly-accessible properties.
The condition of a property is always relevant in a premises liability case. For example, whether there is a dangerous condition, something defective, or an issue that should have been addressed prior to an incident bears a lot of weight on these kinds of cases.
Type of Premises
The nature of a property is also essential to premises liability cases. For instance, a person might have a private property, such as a house or an apartment building, that appears residential but is used for renting or practicing a business. A premises could be considered commercial once a person identifies a privately owned space as a source of income. A knowledgeable Cherry Hill private property premises liability attorney could identify the nature of the duty owed by determining whether a property is commercial or residential.
However, the consequences for premises liability do not differ between private and commercial properties. The damages an injured person may be entitled to are the same regardless of the type of property.
Property Owner Rights
A property owner has the right to deny anyone access to his or her land. If he or she is presented with a premises liability case, he or she has the right to defend him or herself. A property owner has the right to assert defenses in connection with any claim or injury brought by another person.
Lessors and Landlords
Lessors or landlords are classified as owners of premises similar to business or commercial structures, because they lease property for an economic benefit rather than a personal benefit. These kinds of property owners are held to a higher standard and owe a higher duty of care to business invitees.
Comparative Negligence in Premises Liability Cases
A visitor’s actions inform a jury’s determination of comparative negligence and whether any of the responsibility for an accident belongs to an injured party as opposed to an owner. A person who is found to be partially liable for their injuries could have their compensatory award reduced by their percentage of fault. Enlisting the help of a steadfast private property premises liability lawyer in Cherry Hill could be substantially beneficial in defending accusations of plaintiff negligence.
Contact a Cherry Hill Private Property Premises Liability Attorney Today
If you were injured while visiting someone else’s private property, you might be entitled to compensation. A Cherry Hill private property premises liability lawyer could help you determine your classification as a guest as well as what duty of care was owed to you by the land’s owner. Many factors can impact the outcome of a premises liability case, so do not hesitate to schedule an appointment with our skilled legal team.