When you visit someone else’s property, you have certain rights to safety while on their premises. When a property owner is negligent, serious incidents and injuries can result. A premises liability claim is meant to hold a property owner liable for their negligent acts and the harm they cause to visitors.
With a properly proven claim, you may be better equipped to heal and move forward with your life. A skilled Dover premises liability lawyer can help you seek financial compensation through the legal system. Let an experienced personal injury attorney at Doroshow, Pasquale, Krawitz, and Bhaya protect your rights and tirelessly represent you.
Legal Status of Property Visitors in Dover
When a person is on someone else’s property, they have a certain legal status. A determination of that status depends on the reason they are there and the type of permission they have to be on the property. The property owner’s obligations and potential liabilities differ depending on the visitor’s status.
Business Invitees
If a person enters onto another’s property for a purpose that will financially benefit the landowner, the entrant is considered a “business invitee.” This typically involves stores, service providers, and other businesses who invite the public onto their property. This also includes those on someone else’s property to do work for them. The best example of this is a mail carrier, who is a business invitee when they bring mail or packages to someone’s home.
Property owners owe business invitees a high standard of care. This includes requirements to:
- Warn of known dangers
- Attempt to remediate known dangers
- Conduct reasonable inspections to look for potential hazards
Trespassers and Guests Without Payment
25 Delaware Code § 1501 sets the same standard for social guests, also referred to as “guests without payment,” and trespassers. This is unique under state law, as many states have different standards for these two categories. Under state law, a property owner has very few duties to a plaintiff to keep them safe from harm.
The exception to this rule is that the property owner may not intentionally act against the plaintiff to cause them harm, or wantonly or willfully disregard the rights of a visitor. This legal language may leave some potential for compensation even in these situations, as a local premises liability attorney could further explain.
It is also important to remember who the landowner in each scenario is. Someone who is just a guest of someone they are visiting might still be a business invitee if the person they are visiting is only a renter. This distinction is why it is important to consult with an experienced premises liability attorney.
Compensation in Premises Liability Cases
After an injury, a victim likely needs monetary compensation to help repair the damage done by the negligent defendant. A properly proven claim can show how the defendant’s negligence caused the accident and prove the extent of a person’s losses. This may include monetary compensation for both economic and non-economic damages, as appropriate.
Compensation in a premises liability claim could cover:
- Property damage
- Medical costs and rehabilitation services
- Lost income or salary potential
- Loss of consortium
- Pain and suffering
- Wrongful death
A knowledgeable attorney at our Dover office could assess a particular premises liability claim to see what damages may be available.
Consult a Dover Premises Liability Attorney Today
After suffering an injury on another person’s property, it is important you reach out to legal counsel to better understand your rights. You may be entitled to significant financial compensation that can help you and your family recover from this ordeal.
Every case deserves careful consideration and dedicated representation. To learn more about your rights, contact an experienced Dover premises liability lawyer today.
