Premises Liability

When a person is in possession of a piece of property or land, he or she is liable in varying degrees to individuals who are injured on the property. Premises law is the body of law that encompasses the liability owed to individuals who are present on the property, or premises, of another.

The degree of liability owed to a potential plaintiff varies based on that person’s classification. The three main classifications are invitee, licensee, and trespasser. A defendant’s duty to the plaintiff can and does vary significantly based on how the plaintiff is classified.

An invitee is owed the greatest duty of care by the possessor of the premises. An invitee is an individual who has been invited to enter or to remain on the premises of another for a commercial benefit to the possessor of the premises or for a purpose directly or indirectly connected with business dealings with the property owner. An invitation can be either expressly given or implied.

Licensees are individuals who have been invited to enter or to remain on the property for any purpose other than the business or commercial purposes of an invitee. The licensee still has the express or implied permission of the property owner but is not there for an economic purpose. Social guests fall into this category. In a number of jurisdictions, a licensee is owed less of a duty of care than an invitee.

Trespassers, in most areas, are owed minimal care by the possessor of a property. A trespasser is an individual who enters the premises of another without an invitation, either express or implied, for his or her own purposes. The reason is also not the performance of a duty to the owner.

Contact a Chicago Personal Injury Lawyer

If you have been injured on the premises of another, contact the Chicago personal injury lawyers of Friedman & Bonebrake at 312-466-8200 to discuss your case and to determine if you were entitled to a high level of care.