If you are considering filing a lawsuit for premises liability, it is important to understand the specifics.
The court will look at a variety of factors to determine liability. To begin, they will look at the legal status of the visitor, which in this instance would be you if you were injured on someone's property and filing suit. You will be identified as an invitee, social guest, trespasser or licensee; of these, the trespasser is the least likely to be successful in filing suit.
A judge will then examine whether the owner made a reasonable effort to ensure the safety of his/her guests. The owner will have to answer questions such as: have guests been warned about any existing hazards, and have any attempts already been made to fix or clean up the hazards in question. For example, if you trip on a sidewalk on someone else's property, he/she could be held responsible if they knew beforehand about the danger it presented.
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