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Premises liability claims: Legal status of visitor

On Behalf of | Jul 30, 2022 | Premises Liability |

When someone enters another person’s property in California, it’s usually as an invitee or licensee. If an individual is injured in an accident on the property of another, the capacity in which he or she was on the property becomes important. Premises liability laws are based upon the legal status of the person injured.  

4 categories to consider 

While premises liability laws vary from state to state, there are basically four types of legal status that apply when one person enters the property of another:  

  • Invitee 
  • Licensee 
  • Social guest 
  • Trespasser 

Whether the property owner would be financially responsible for any injuries that occur depends, in part, on the category the visitor had when the accident took place. For instance, a trespasser has no right to be on the property and yet, there are still some circumstances in which he or she may still be entitled to recover damages for injuries caused by the negligence of the property owner. 

What do the categories mean? 

An invitee is someone who has been invited to the property, whether a private residence or commercial establishment. A licensee is present at a property owner’s consent but is there for his or her own purpose. A social guest is simply a welcomed visitor. A trespasser is someone who has no right be on a particular piece of property. Anyone who has suffered injuries on another person’s property has every right to consult with an experienced premises liability law attorney to determine if there are grounds for legal recourse.