Frequently Asked Questions about Slip and Fall Accidents
Q: What is a "licensee?"
A: Under common law principles, a licensee is a person who enters the premises with the landowner's express or implied permission for his or her own purposes rather than for the landowner's benefit. An example of a licensee is a social guest. An owner or occupier of land has a duty to warn a licensee of a dangerous condition that creates an unreasonable risk of harm if it is known to the owner or occupier and not likely to be discovered by the licensee.
Q. I was invited to a neighbor's house for a party and was injured while I was there. Can I recover for my injuries?
A: Under common law principles, a property owner's duty to an entrant depends on the entrant's legal status as an invitee, licensee or trespasser. A social guest, such as a person invited to a party, is considered a licensee. In this example, the neighbor had a duty to warn you of a dangerous condition that creates an unreasonable risk of harm if it is known to the neighbor and not likely to be discovered by you, the guest. Thus, if you were injured on a hidden condition, such as a loose floorboard that the neighbor knew about, but did not warn you about, you may be able to recover for your injuries. The neighbor does not have a duty to inspect for defects nor to fix known defects.
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