Premises liability is an essential concept in personal injury law. According to data, Albuquerque is one of the leading cities in New Mexico with a large number of personal injury cases.
Determining liability isn’t straightforward. Hiring a premises liability lawyer in Albuquerque is essential to help you determine who is at fault based on state laws. One primary way courts assess a property owner in the city is through a status-based approach. This is a relatively traditional method that classifies visitors into different categories. Each category has a corresponding duty of care by the property owner.
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A Deeper Look at Premises Liability
Premises liability is a legal framework that holds the property owner or people occupying a property responsible for injuries that happen due to hazards in the area. The extent of the liability depends on various factors, such as how aware the owner was of the danger and the status of the victim.
Under the status-based approach, visitors are classified into three primary categories: invitees, licensees, and trespassers. Each category has a different level of care a property owner should exercise to protect visitors. Here is a closer look.
Invitees
Invitees are people who enter a property for business or commercial purposes. For example, if you are a customer in a retail or grocery store, you fall under invitees. Other instances include clients visiting an office or tenants in an apartment. Invitees are owed the highest duty of care by the property owner.
This means property owners must warn invitees about any known hazards and conduct regular inspections and maintenance to prevent any dangerous conditions. For instance, a grocery store owner is required to ensure all spills on the floor are cleaned immediately to prevent slips and falls. Alternatively, there should be a sign warning customers of wet floors.
Licensees
These are visitors who enter a property with the owner’s permission but not for business or commercial purposes. This category includes social guests, friends, and even salespeople. Legally, property owners owe licensees a moderate but immediate duty of care.
Property owners are required to warn them about any hazards but are not obligated to search the property for any hidden dangers or repair them.
For example, if you are aware of a broken step on your front porch or stairs, you must inform guests about it but you don’t have to fix it immediately.
Trespassers
People who fall into this category are owed the least duty of care. A trespasser is anyone who enters a property without permission. In most cases, a property owner is only required to avoid intentional harm. For example, shooting a trespasser point blank or setting traps to cause intentional injury. This is considered unlawful.
However, there is an exception when it comes to children who trespass because of an enticing hazard, even if the owner did not intend to cause harm. For instance, a swimming pool. This is called the attractive nuisance doctrine, which recognizes that children may not fully understand the risks of certain objects or situations.
Conclusion
The status-based approach to premise liability is essential in determining the level of care owed to visitors. Victims need to consult a legal professional to help clarify their rights and legal options.
