Premises liability law is the main body of law that makes the person who is in possession of land or premises responsible for a number of injuries that are suffered by persons who are present on the premises.
While some premises cases, like the so-called “slip and fall” cases, may seem simple, the law in some states now very much favors the owner of the premises. Because of the differences from state to state and in assessing a premises liability case in general, it is very helpful to consult a lawyer.
Within the broad area of premises liability, a person “possesses” land or premises when:
- The person is in occupation of the land with intent to control it
- The person has been in occupation of land with the intent to control it, if no other person has subsequently occupied it with intent to control it; or
- The person is entitled to immediate occupation of the land, if no other person is in possession as previously defined
Under premises liability law of most jurisdictions, it is necessary to determine if the plaintiff was an “invitee,” a “licensee,” or a “trespasser.” An invitee is a person who is invited to enter or to remain on a premise for a commercial benefit to the possessor of the premises, or for a purpose directly or indirectly connected with business dealings with the possessor.
A licensee is a person who has been invited to enter or to remain on the premises for any purpose other than a business or commercial one with the express or implied permission of the owner or person in control of the premises. A trespasser is a person who is on the premises of another without an express or implied invitation, for his or her own purposes, and not in the performance of any duty to the owner.
A defendant’s duty to the plaintiff is capable of varying significantly depending on how the plaintiff is classified.
Contact a Wausau Premises Liability Lawyer
If you have been injured on someone’s property, contact the Wausau premises liability lawyers of Habush Habush & Rottier S.C. ® at 1-800-248-0171 to discuss your case and to determine your legal options.