Property Law - How do Guests or Trespassers fit in?

A Property Law Quirk One of the more unusual and unexpected nuances to property law arises out of landowner duties to a trespasser. In essence, a property owner can be responsible for actions or conditions on the property to three types of people: invited guests, persons there with permission, and even trespassers. “Invitees” are treated differently from “licensees.” Similarly, trespassers receive their own form of legal analysis, as far as the degree that the landowner is required to provide guidance to avoid injury.

In this area of law, definitions matter, and improperly treating a situation under one category can lead to unanticipated outcomes, and risk of exposure. Our team at Freedom Legal has dealt with landlord-tenant law, and premises liability in many settings, and can provide the factual analysis to properly handle your questions or concerns. If you are a landowner, it is probably worth brainstorming about what situations you can think of (or you have experienced) that create questions about how far you have to go to avoid someone being injured on your property. Feel free to comment sharing those thoughts or experiences. Similarly, if you have been injured, it may be worth wondering whether someone owed you a duty to help you avoid that injury. We welcome thoughts from any who have experienced this (or near run-ins), to discuss some of the nuances. As always, any legal case is very specific to its facts. This post is intended to address general situations, and we are glad to talk about specific concerns in a consultation. Reach out here, or at info@freedomlegal.com / 801-373-3366 for more in-depth analysis and assistance.