I fell on someone else's property. Don't they have to pay?

Generally, there are four classifications of people who enter onto a property: 1) invitees, 2) licensees, 3) trespassers, and 4) children. Each of these classifications is owed a different duty by a property owner/occupier.

Invitees are people who enter upon property with the consent and for the benefit of the property owner/occupier. The most common example of this is someone shopping at a store. A property owner/occupier has a duty of due care to discover conditions that risk harm to those coming onto the property. The property owner/occupier also has a duty to warn of dangerous conditions, to take reasonable steps to correct the condition, and avoid unreasonable risks. Take the example of someone who slips on water on the floor in the store. The water being on the floor itself is not sufficient to make the property owner/occupier negligent. First, it must be shown that the property owner/occupier put the water on the floor or knew or should have known the water was on the floor. In proving that a property owner/occupier “should have known” water was on the floor, it needs to be shown the water was on the floor for an amount of time that would be expected for a reasonable property owner/occupier to have discovered it if they were maintaining their duty of due care. Second, it must be shown that the property owner/occupier did not take reasonable steps to warn or correct the condition. For example, if the property owner/occupier failed to put out wet floor signs in the area and did not get the water up, then they would be negligent and ultimately responsible for the injuries sustained.

Licensees are people who enter onto property for their own benefit with the property owner’s/occupier’s permission. The most commons example of this is a person visiting a friend’s home. The duty of the property owner/occupier to a licensee is to warn of concealed dangerous conditions or activities which the licensee would not be expected to discover. An example would be a hole in the yard that is covered over by grass. The property owner/occupier does not have to fix the hole, only warn that the hole is there. A person’s status as a licensee gives the property owner/occupier much less of a duty than if the person was an invitee. This means that a licensee has much less chance of making a recovery when injured on another’s property.

A trespasser is owed very little duty by a property owner/occupier, as he is there without permission. A property owner/occupier is only required not to intentionally injure the trespasser, or act in a willful or wanton way that would injure a trespasser.

Children are treated with special rules due to their inability to understand/appreciate dangers or that their entering onto someone’s property is wrong. A property owner/occupier owes a duty of due care when there is a condition on their property which is unreasonably dangerous to children. An example may be a swimming pool which is not fenced in to keep children from easily accessing it. All of the facts and circumstances would need to be considered to determine what steps need to be taken to meet the standard of due care.

Understanding the above listed classifications of people entering onto property is only the beginning of understanding the right to recovery when injured on another’s property. There are exceptions and special rules depending upon the use of property or who owns the property. If you have been injured on someone else’s property, it is best to consult with an attorney about the specific circumstances of your injury.

If you would like to speak to one of our attorneys about being injured on another person’s property or regards to any injury you have sustained, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.