Private property is legally defined as anything that is owned by someone personally. For example, a home, a mall, and a store are all considered private property. The question of private property liability is centered around whether an individual is invited to the property or not. The type of visitor an individual is will determine the amount of compensation and direction their case will likely take.
The type of visitor an individual is will determine the amount of compensation and direction their case will likely take. A Louisville private property liability attorney can help you in your fight for just compensation for your injuries.
When both the injured person and owner are at fault in a private property case, it is called comparative fault. This means the jury is allowed to apportion fault as they see fit between the parties. For example, if they think a person is 40% at fault, they can put 40% on the plaintiff and 60% person on the defendant. They get to decide who is at fault based upon a percentage. A person can be as little as one percent at fault or as high as a 100% at fault.
Types of Visitors
The actions of a visitor always matter. The visitor has a duty to keep a proper lookout and to protect oneself from any clearly obvious hazards that would be open in defense. So a person will always have a duty to protect oneself from injury. What that individual is not going to be responsible for are things they could not appreciate or things that the homeowner or the property owner was in the position of knowing about and did not warn that person.
There are several types of visitors: invited guests, business invitees, trespassers, and children. A Louisville private property liability lawyer understands the nuances of a visitor’s protections and can help you navigate this complex process.
If a person is inside a mall they are understood to be a business invitee, because the mall and shop owners want that individual to come and shop. If a person has a car lot and an individual wants to come buy a car, that person is a business invitee.
However, if a person goes onto the same car lot for the sole purpose of writing a newspaper article that person will not be considered an invited guest. A person’s purpose for being at a location decides whether or not they are considered an invited guest.
If an individual is a trespasser, they have fewer rights and the owner has less responsibility. If a person is invited onto private property, the owner has a duty to make sure that that individual is safe from dangerous conditions.
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Children’s Rights
Children have a different status because they do not have the same reasoning process as adults. An attractive nuisance is something a person put out that children will be drawn to, such as a swing set or pool, without a fence around it, a locked door, or something to keep children out, and the children will be drawn to it.
While the child did not ask for permission, the attractive nuisance doctrine may put the owner at a liability for putting the enticing object out without a surrounding fence. In fact, Kentucky law says that if a person has a pool they are required to have a fence.
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Owner’s Expected Protections
The protections an owner is expected to have in place for visitors will change between a home owner and a business. A homeowner has a duty to protect the people that are invited guests from known dangerous conditions, whereas a business has a higher standard of duty to inspect for unknown dangerous conditions. Your private property liability lawyer knows the standard of care owed and will help you understand your rights and expectations as a home or business visitor.
The property owner has the right to say that the visitor to the home did not keep a proper look out and did not look out for their own safety and concern. So, they could always point to the visitors saying they were at fault.
If a person goes into a rented property and the renter caused the negligence, he or she is going to be responsible. If the landlord caused the negligence, however, and are told of the liability but never come fix it, they are going to be held liable.
Types of Property Liability
If an individual is in a house, liability will fall on the homeowner. If an individual is renting a house or apartment, however, liability may fall on the individual as the renter depending on the condition.
If the private property liability is something caused by the renter, they may be liable. If it is something that the owner of the home that is being rented from caused, the homeowner may be held liable. A Louisville private property liability lawyer will be able to help you determine exactly who should be held liable and responsible for your damages suffered.
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