Every landowner in Delaware owes their visitors a duty of care. That means that all owners have to keep their premises safe and free of damage. At a minimum, it means that property owners must inform their visitors of any dangers on the land.
Your rights on another person’s land will vary based on your relationship to the owner. A Bear premises liability lawyer can help you identify that relationship and what compensation, if any, you could pursue. Schedule an initial consultation with a personal injury attorney at Doroshow, Pasquale, Krawitz, and Bhaya to learn more about your rights.
Compensation for an Injury on Someone Else’s Land
Premises liability cases are a type of personal injury case, meaning that a plaintiff could file a lawsuit against the party who was responsible for their losses. As such, if a property owner owed a duty of care to someone who got hurt, that injured person can fight for compensation.
A plaintiff can be compensated for economic and non-economic damages, depending on the extent of their suffering. Economic losses can include a person’s medical bills, damaged belongings, and lost opportunities for employment. Non-economic damages can include any pain or distress that someone undergoes while recovering.
If a landowner’s violation of their duty of care is especially severe, a judge may apply punitive charges in case. These charges come into play if a judge believes that someone’s negligence grossly violated their duty of care or if they acted intentionally.
A Bear premises accident attorney could help someone understand what types of damages they may file for and ensure they get the most compensation possible.
Types of Visitors in Bear Premises Accident Cases
Local law breaks down visitors on someone’s land into three different categories: invitees, guests, and trespassers. These categories help accomplished attorneys in Bear classify a person’s rights if they get injured on someone else’s property.
Invitees (also known as “business invitees”) are people who are actively permitted to be on someone’s land. These individuals are customers or other parties who benefit the owner in some way. Invitees are entitled to the most personal injury protections on private premises. If an owner neglects their property to the detriment of an invitee’s health, they can be held liable for that party’s losses. In the case of an invitee, the property owner must keep the area free of any hazards and warn of any hidden dangers.
A guests can be family, friends, and other people who are explicitly invited onto someone’s premises for personal reasons. In Delaware, unlike other states, guests are entitled to no more protection than trespassers. This means that unless a property owner acts with intention or gross negligence, an injured guest has no recourse for recovery.
Trespassers are people who can face criminal charges for being on another person’s property without the owner’s permission. As such, these individuals do not usually have the opportunity to request compensation for losses in property accident cases.
Trespassers receive more explicit rights under two conditions. If a property owner goes out of their way to try and harm the trespasser, then trespasser may seek out legal compensation for their losses. Any person who owns a property that may appeal to children owes a duty of care to any minor who trespasses on their premises. This is called the attractive nuisance doctrine and this could apply to unfenced swimming pools or other potentially dangerous elements on someone’s land. These attractive features must be manmade, so a tall tree to climb or a creek to swim in would not meet the standard.
Talk with a Bear Premises Liability Attorney Today
If you are not familiar with your rights on another person’s land, you may miss out on opportunities to recover financial compensation for your losses after an accident.
A Bear premises liability lawyer can help you better understand what rights you have after an accident on someone else’s land. Call Doroshow, Pasquale, Krawitz, and Bhaya to schedule a consultation today to learn more.