If you own property, whether a home, business, or even undeveloped land, it’s important to know that you may be liable if someone slips and falls and gets injured while on it. This applies to people doing business with you, meeting with you socially, or sometimes even while trespassing.
The amount of liability you have for each type of guest varies, but you always have some degree of liability anytime someone steps foot on your property. In this blog, we break down the different types of people who may enter a property and the responsibility—or duty of care—property owners owe them.
The 4 Types of Guests Property Owners Must Consider
- Invitees
Invitees are people who are invited onto a property for a business purpose or any other purpose that benefits both the property owner and the invitee. This includes customers in a store, clients visiting an office, or patrons at a restaurant.
Property owners owe the highest duty of care to invitees. They must regularly inspect their properties for hazards, fix known dangers, and warn invitees of any potential risks they might encounter.
When injured on someone else’s property, invitees can seek compensation for many different types of expenses, including:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of consortium
- Punitive damages (if their cases go to trial and the property owners are found to be grossly negligent or engaged in willful misconduct)
- Licensees
Licensees are individuals who enter a property for their own purposes but with the property owner’s permission. This includes social guests, such as friends or family visiting someone’s home, as well as workers whose permission to come on the property is implied rather than explicit, such as postal workers or meter readers.
Property owners owe a moderate duty of care to licensees. They must warn licensees of any known dangers that are not obvious or apparent to guests, but they do not have to search the property for hidden hazards to protect them.
After an injury on others’ property, licensees can seek compensation for many of the same things as invitees, including:
- Medical bills
- Lost wages
- Pain and suffering
- Trespassers
Trespassers are individuals who enter the property without permission or any legal right to be there. This includes burglars, vandals, squatters, protestors, hunters, fishermen, people using a property as a shortcut, and more.
Property owners owe the lowest duty of care to trespassers. Generally, they must only refrain from willfully or wantonly causing harm to trespassers, such as by setting out traps. However, if a property owner knows that trespassers frequently enter their property, they may have a duty to warn them of hidden dangers that the property owner is aware of. For example, if you know that people frequently cut through your yard as a shortcut to a public walking path, but you have a dangerous dog, you may be required to post signs warning potential trespassers of that.
Trespassers have a more difficult time getting compensation after injuries on others’ property. However, they may still be eligible to receive compensation for some or all of their medical bills if property owners are considered liable for their injuries.
- Child Trespassers (Attractive Nuisance Doctrine)
This doctrine applies to situations where children are attracted to the property by something interesting or enticing, such as a swimming pool or playground.
Property owners must take reasonable steps to secure the hazard and prevent children from accessing it, as children are unable to understand the illegality of their actions when trespassing, or the dangers they might face by doing so. For example, pool owners may be required to keep their pool fenced in with a locking gate to prevent access by trespassing children.
Despite being trespassers, uninvited children are eligible for multiple types of compensation after injuries on others’ property, including:
- Medical bills
- Pain and suffering
- Future lost wages if their injuries result in long-term disability
Have a Plan for These Potential Hazards on Your Property
To protect all types of guests, including invitees, licensees, and even trespassers, you must address potential dangers on your property. Here are some common hazards that property owners should look for and promptly repair:
- Slip-and-Fall Hazards: Clean up spills right away, use warning signs for wet floors, and ensure proper drainage in outdoor areas.Repair cracks, holes, or uneven pavement on walkways, sidewalks, and driveways. Secure rugs and repair or replace loose or damaged carpeting.
- Trip Hazards: Keep walkways, stairs, and common areas free of clutter and debris. Secure or cover cords and cables to prevent tripping.
- Structural Hazards: Ensure that stairs are in good condition with secure handrails and adequate lighting. Regularly inspect and maintain the structural integrity of balconies and decks to prevent collapses.
- Lighting: Provide sufficient lighting in all areas, especially stairways, entrances, and outdoor pathways to prevent accidents.
- Swimming Pools and Water Features: Install secure fencing and self-latching gates around pools and water features. Provide warning signs for deep water, no diving areas, and other potential hazards.
Our Oklahoma Slip-and-Fall Injury Attorneys Are Here to Help
Many Oklahoma property owners work hard to ensure their homes, businesses, and land are safe for themselves, their families, and others. However, some don’t, and that puts innocent people at risk of suffering serious injuries every day.
If you or someone you love were hurt on another person’s or party’s property, you may be eligible for compensation. At Parrish DeVaughn Injury Lawyers, our Oklahoma slip-and-fall injury attorneys have the experience you need to maximize your chances of getting compensation. Contact us today for a free consultation to learn how we can help.
