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.
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.
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.
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.