As a landowner, one has the responsibility to take certain precautions in response to dangerous conditions. Failure to take these steps can result in civil liability for any injury occurring on the property, as well as the need to hire Real Estate Law Firms in Chicago. However, the liability depends on who visits the premises, and how these people are categorized. Categories include licensees, trespassers, and invitees. Below is a brief explanation of the duties owed by landowners to each group.
Duties Owed to Licensees
A licensee is a person with special permission to do things with or on another person’s property. Most licensees are there for social reasons. For instance, a person could allow someone to walk across their lawn, where, if a license was not given, a trespass would occur. Landowners have:
- A duty to warn their licensees of hidden but dangerous conditions, and
- A responsibility to exercise a reasonable level of care in daily operations.
Duties Owed to Trespassers
A trespasser is a person who enters another person’s property without the landowner’s permission. Landowners have no duty to trespassers of whom they are unaware, but they do have a duty to provide warning or nullification of dangerous conditions to those trespassers who are tolerated or known. According to attractive nuisance doctrines, landowners must take precautions to prevent injury to young trespassers. An example could be a trampoline, which would attract children. The landowner is obligated to make the area safe because of that fact.
Duties Owed to Invitees
Invitees are people who have the landowner’s permission to use or enter the premises, either for business purposes or in a public capacity. Landowners must inspect the premises for dangers, and they must warn invitees of hidden dangerous conditions.
Do Property Owners Need an Attorney if Someone is Injured on the Premises?
The outcomes of property injury cases often depend on the category in which the injured party falls. Whether one has been injured, or if they are being sued, a property lawyer with Starr, Bejgiert, Zink & Rowells can help them determine how local property laws may affect the case’s outcome. Real Estate Law Firms in Chicago can help clients submit the right paperwork, and they can provide court representation.
