The role of visitors in St. Petersburg premises liability cases can vary greatly, from case to case. There are visitors who sustain an injury after being invited onto a property, and others that may come onto someone’s property without permission, and sustain an injury. Ths issue of whether someone has permission to be on a person’s property or not, can impact their case, and whether they will have enough evidence to show that the property owner was negligent. Working with an experienced premises liability lawyer can ensure that you have someone on the case who understands the nuances of liability, and can fight for a positive outcome for you.
Legal Status of a Visitor
When discussing the role of visitors in St. Petersburg premises liability cases, it is important to recognize that visitor status can be one of five different statuses. The first is a public invitee, that being the person who is invited to enter or remain on the land as a member of the public for a purpose which the land has held open to the public.
The second is a business invitee, a person who has been invited to enter or remain on the land for a purpose directly or indirectly connected with business dealings with the possessor of the land. Next is a licensee by invitation, which is a social guest.
The duties owed by the premises owner for those three categories is to correct or warn of dangers that the owner knows, or should know of, by the use of reasonable care in which the visitor cannot or should not know of by the use of reasonable care. The owner must maintain the premises in a reasonably safe condition to guard against foreseeable third-party crimes.
There other two visitor statuses have to do with uninvited visitors. The first is an uninvited licensee, which is a person who chooses to come upon the premises solely for their own convenience, without invitation either expressed or reasonably implied under the circumstances.
The second is a trespasser, which is someone who enters the premises without a license, invitation or other right, and intrudes for some definite purpose of their own or at their own convenience or merely as an idler with no apparent purpose other than perhaps to satisfy their curiosity.
The duties owed to those two, in an uninvited licensee and a trespasser from the land owner is to refrain from willful or wanton injury, and they have no duty to guard against third-party crimes.
Qualities of a Strong Liability Case
If a person was injured because of a dangerous condition on a property then they likely have grounds for a pretty good premises liability case. Examples of scenarios that would result in cases are someone tripping over a parking stop that has been broken and has metal pieces sticking up.
Another example would be someone slipping on water or grease on the ground that looks like it is been for three days and nobody’s coming to clean it up. Or, if they see an air conditioner dripping and they slip in that puddle, they probably have a pretty good premises liability case because there was a dangerous condition that they were injured because of it.
Value of a Premises Liability Lawyer
An attorney can lead the initial investigation to make sure that the case is done properly in order to prove liability. The first thing an attorney should do is send a spoliation letter to the owner of the premises saying to retain all video or picture or witness evidence and statements that they may have so that they do not destroy them in the normal course of their business and so that the attorney can obtain a copy of them. An attorney can also go out to the scene and take pictures or videos if necessary, and interview all the witnesses that may have seen the premises liability case. A knowledgeable attorney will understand the role of visitors in St. Petersburg premises liability cases and can fight for a positive outcome despite the status of a visitor.
Most importantly, a premises liability attorney can make sure that a person seeks the proper medical treatment and they can keep track of and analyze all their medical records and medical bills and they can put together that entire case into a demand package, or a complaint to show the other side exactly what happened and exactly what their damages are.
So, an attorney can protect a person’s rights and put together their case in a way that explains it legally and truthfully to the other side so that they can properly evaluate their claim. If you have fallen and been injured due to negligence, you should contact a premises liability lawyer who can do all of this, and fight for you.