Premises liability law allows specific people to pursue compensation when they suffer severe injuries on someone else’s property. However, it’s essential to know that not everyone is eligible to file a lawsuit. In Oregon, the law breaks down people based on specific categories whenever they are on someone else’s property: invitee, licensee, and trespasser.
Liability often relies on the injured person’s classification. Here are the facts that you need to know about each:
Also referred to as business invitees, this is a person who is permitted to be on the property for the purpose of business dealings; for example, a customer inside of a store. They’re there with the intent to deal with the business and are owed a duty of care. Property owners must ensure that invitees are protected from dangers on the premises.
A licensee is someone who is permitted to be on the premises as an invited guest for the licensee’s benefit; for instance, if you’re invited over to a friend’s house for dinner or a barbecue. In this situation, three factors must be considered for a premises liability case. You must show that the owner knew of the condition, expected that you wouldn’t find the risk, and they failed to exercise reasonable care.
The main sign of a trespasser is someone who is on the premises illegally. For instance, if someone is breaking into a home, they are a trespasser. By law, the premises owner has no duty of care to protect a trespasser. However, they cannot create specific dangers that would cause harm to a trespasser should one enter the premises without permission (e.g., booby traps).
If you suffer an injury on someone else’s property, it’s vital to know your rights. Our Oregon premises liability attorneys at The Gatti Law Firm are here to focus on your needs. We’ll explain your rights and options, allowing you to make decisions that suit your needs best. We’re here for you every step of the way.