Premise Liability Attorneys - Trespassing Oklahoma

Almost everyone at some point makes a habit of heading out into public for a variety of reasons. These include work, running errands, having dinner, having fun, traveling and just about any other reason one could imagine. Few may realize the fact that when a person enters the premises of another, several legal duties could attach immediately.

The reason that many do not realize this is because the only cause of evaluating duties is when someone is injured on someone else’s property. When this happens, any legal issues are handled under the theory of premises liability. This theory can be extremely complicated, as several different ‘levels’ of duties can attach, and you’ll need help to decide how to proceed.

Oklahoma Premise Liability – Legal Standards

The foundation of premises liability exists within the traditional realm of negligence. What this means is that if someone is injured on someone else’s property, whether or not the party or parties charged with providing a safe environment depends on the four elements of negligence.

Duty of Care - Premise Liability

The law assumes that anyone owes others a duty of reasonable care, which means that he, she or it cannot create a situation that would result in undue risk or danger for others.

Oklahoma Breach of Duty

The injured party must also prove that the defendant breached this duty of care, and the test used to determine whether or not this happened is the ‘reasonability’ test. What this means is that the jury will decide whether or not the defendant acted in a way that would be reasonable when compared to a similar defendant who is faced with a similar situation.

Premise Liability Causation

Premise Liability Causation is a complicated element of negligence, as the plaintiff must show that the defendant’s actions or failures to act either directly or indirectly led to the injuries suffered by the plaintiff.

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.

Why Hire an Oklahoma City Premise Liability Lawyer

If you or someone you love has been injured on the property of another, you need to act now to gain an understanding of your rights. Contact a premises liability lawyer at the Oklahoma City law firm of Atkins & Markoff immediately to schedule an initial consultation now.  They will be able to answer your questions and help you decide how to proceed.