Injured on someone’s property

You were injured on somebody else’s property. Now, you want to know if you can sue the owner.

Some people believe that if they are hurt on someone else’s property, they automatically are entitled to be paid for their injuries. But, there is much more to it.

In Mississippi, all landowners owe a duty to persons who come onto their land. The duty owed, however, depends upon the reason the person is there.

The law distinguishes between three types of visitors. Those are trespasser, licensee, and invitee.

A trespasser comes on to the land of another person without permission or invitation. A landowner cannot willfully or wantonly injure a trespasser. Otherwise, the landowner does not owe a duty to make the property safe for the trespasser or to warn of hazards.

A person who, for reasons of his own, asks for permission to come onto the property is called a licensee. For example, a hunter who gets permission to hunt on someone’s land is a licensee.

The owner of the land owes the same duty to licensee as he does a trespasser. That is, he must not willfully or wantonly injuring the licensee. So, for example, a landowner does not have to warn a licensee about a naturally occurring hole alongside a path.

An exception to this rule exists when the landowner actively creates a dangerous situation. So, if the landowner creates a hole near a path, he may have to warn the licensee of the hole.

A person who has been invited to go on the land of another for mutual advantage is an “invitee”.

The invitation can be express or implied. An express invitation occurs when the owner verbally or in writing invites someone to visit. An example of an express invitation would be a written invitation to attend a grand opening of a business.

The most common example of an implied invitation is the opening of a store. By opening a store, the owner impliedly invites customers to come and shop.

There are two types of invitees – – business and public. The person who shops at a store is a business invitee. A person who goes to a park or museum, for example, is a public invitee.

A landowner owes an invitee the duty to keep the premises reasonably safe. Also, the owner must warn the invitee of hidden danger or peril.

You should keep in mind that an invitee can lose that status and become a licensee or even a trespasser. A person who shops at the grocery store is an invitee. But, if that person goes into the storage part of the building without permission, he becomes a trespasser.

Call the Panter Law Firm at 601-607-3156 f you have been injured on the property of another and want to know your rights.

www.craigpanterlaw.com

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