Damages Resulting from Premise Liability Lawsuits

Finally, if all three elements are proven (Breach of Care, Breach of Duty, Liability Causation), the plaintiff must show that he or she has suffered some form of damages, and these can be proven by way of medical expenses, lost wages and even pain and suffering.

Special Circumstances with Premises Liability

As you see, there are several requirements involved with proving negligence. However, when it comes to premises liability, the plaintiff must also take into account how and why he or she was on the premises in the first place, as the plaintiff’s status will largely define the duty owed to him or her. Below is a brief breakdown of this issue.

Invitee and Oklahoma Premise Liability

An invitee is a person who is on the defendant’s property under the premise of an invitation. It’s not necessary for this invitation to be direct and overt, as any business that opens its doors is seen as having ‘invited’ potential customers onto its property. In terms of premises liability, the defendant owes the plaintiff a duty to provide a safe environment and to warn of any latent dangers.

Licensee and Oklahoma Premise Liability

A licensee is someone who is rightfully on the property of another, even if the property in question is not necessarily open to the public. Once again, it’s assumed that the defendant has knowledge of the licensee’s presence, and a duty of care is owed to that licensee.

Trespassing and Oklahoma Premise Liability

A trespasser is someone who is on a property without permission, and the defendant owes a trespasser a much lower duty of care than either of the two types of visitors above. Even if the land owner’s property is extremely dangerous, he or she may not be liable to someone who is not on the property without permission.

Of course, different facts can create a different status for a visitor on someone else’s property, and this is precisely where the law of premises liability can become very complicated.

Common Places where Premise Liability Can Arise

One could likely imagine the types of locations in which questions of premises liability most often arise. These locations include retail stores, businesses that are open to the public, restaurants, hotels, resorts, and even outdoor locations such as hiking paths or swimming facilities.

The most important questions to answer are whether or not you had permission to be on the property and whether the owner of the property violated the duty of care that was associated with your status while you were on the property. These are questions that require a high degree of skill and experience to answer accurately.