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Premises liability categories and the effects on claims

Facing an injury can come with physical, mental and financial strain. Thankfully, in some cases, there are legal processes in place to aid with such issues.

If you suffer a serious injury while visiting a business or property, you may be able to file a claim for negligence. Before filing, there are a few important things to understand. One key aspect of a premises liability negligence claim is what category you would fall under.

Welcome

Invitees and licensees by invitation are people who receive a direct or indirect invitation to enter the property. Those who enter a property for business purposes are invitees, while those who enter a property for social reasons are licensees by invitation. It is important to note that a party may fall under both categories, but not at the same time. For instance, if a person serves as a vendor at a complex during the day, then goes back to that same complex to visit a friend in the evening, the person would be an invitee first, then a licensee by invitation.

Unwelcome

A bare licensee has the consent of the owner to enter the property, but may not necessarily receive an invitation. On the other hand, a trespasser enters a premise without the owner's consent or invitation. Though a trespasser may be on the property illegally, the property owner still owes a certain level of care. However, the level of care in a slip-and-fall accident or other negligent accident with a trespasser is not as high as those parties with consent or an invitation.

The determination

Determining the category you fit in at the time of the accident is essential to a premises liability case. This is especially true considering that Ohio is a comparative negligence state. Your category determines the level of care that a property owner must give, and in turn, indicates your level of responsibility as a visitor.

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