Can I sue someone if I become injured on their property in Fayetteville, AR?
It depends on what your role was at the time the accident occurred. There are three categories of persons the state of Arkansas acknowledges when someone is attempting to bring a premise liability claim against another party. These three categories include:
- A trespasser
- A licensee
- An invitee
Depending on which status you held at the time of the accident will determine your right to pursue a personal injury claim against the party in an attempt to collect compensation for your injuries. To help you better determine which category you may fall under, we explain below how each is defined. Keep in mind that the Fayetteville, Arkansas accident lawyers we work closely with can explain these categories in much more depth.
- A trespasser is someone who enters the premises of another without being given permission by the owner to do so. That means they were not given an invitation to enter either and frees them from liability given they aren’t aware of the trespasser’s presence. While owners of homes and even business are required to abide by the standard level of care that protects individuals from getting hurt or exposed to a hazardous environment, they can’t be liable for someone else’s unlawful actions. However, if the owner wasn’t aware of your presence, yet they there was a conscious disregard for others’ safety, they may be held liable for your injuries. Now, if the owner does become becomes aware of the trespasser’s presence, the owner’s duty of care becomes the same as that for a licensee.
- A licensee is someone who goes onto the premises of another after being given consent by the owner to do so. The licensee is entering the premise of another for their own purposes and not for the benefit of oneself and the owner. While an owner is not required to inspect the property to determine if it is safe for the licensee, they do need to warn these individuals of any known dangerous conditions. Failure to do so, whether it was intentional or not, could result in a premise liability lawsuit.
- An invitee is someone who was given permission by the owner to enter the premise for a purpose that benefits both parties. “The possessor of land has a duty to use ordinary care to invites, and is subject to liability for physical harm caused to them by a condition on the land if he (a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to them” [Source: Court of Appeals Arkansas].
If you aren’t sure whether you are a licensee or an invitee and would like more information on how you can hold an owner accountable for the injury you sustained on their property, contact us here at USAttorneys.com. The Fayetteville, AR accident attorneys we connect you with are familiar with the current personal injury laws that could affect your case and what forms of legal action you are permitted to take for the injuries you sustained.