A premises liability lawyer works for a person or entity that has been sued as a result of someone being injured on his premises. All individuals, whether homeowners or business owners, have an obligation to keep their home, business or premises in reasonable condition before permitting anyone to come onto their premises. If they fail to do so, they may be sued under tort law and may be responsible for paying personal injury damages to the individual injured on their premises.
Under the law, there are three standards for premises liability: invitees, licensees and trespassers. Invitees are owed the highest duty of care. A person is classified as an invitee when he is invited to the premises in order to benefit the premises owner. For example, if a person runs a retail shop and invites customers in, the customers are there for the benefit of the shop owner and are invitees.
Licensees are those invited to come onto a premises but not solely for the benefit of the premises owner. For example, if a friend visits another friend at home, that friend is a licensee. Licensees are given a moderate level of protection and are entitled to a premises reasonably safe from dangers; they also must be warned of dangers. Trespassers are given the least protection under the law. A homeowner or business owner cannot set up traps for trespassers designed to injure then, but also does not have to make their premises is safe for trespassers.
A premises liability lawyer defends a person accused of breaching the standard of care owed. The major job of a premises liability lawyer is to help his client avoid liability for breaching this standard. This may involve proving that a less stringent standard of care applies in a given situation, proving that the appropriate standard of care was met, or proving that the plaintiff's injury was caused solely by the plaintiff's actions and behaviors and not as a result of any action on the part of the defendant.
The personal injury lawyer who brings the case against the defendant will often negotiate with the premises liability lawyer to determine whether a settlement can be arrived at. Many personal injury cases for premises liability are settled out of court and the premises liability lawyer will advise his clients on what a fair settlement offer is and on whether a settlement is appropriate given the client's chances of prevailing in court. If the case does go to court, the premises liability attorney will have the obligation of proving his client's case to the jury.
