Classification of Visitors in Long Island Private Property Liability Cases
When bringing a claim for injuries on another’s land, it is important to consider the importance of the classification of visitors in Long Island private property liability cases. The reason that you had to be on another’s property could potentially act a factor when a judge or jury determines the duty of care that the property owner owed you in the situation. For this reason, a dedicated injury attorney who is knowledgeable about the classification of visitors in Long Island private property liability cases could prove to be a valuable asset to your claim’s success. Read on to learn more about how your visitor status could potentially affect your ability to collect injury compensation today.
Visitors vs. Trespassers
In the past, there were distinctions between different types of visitors on someone’s property that would help determine a property owner’s duty of care in a premises liability case. A trespasser would have virtually no duty of care owed to them since he or she should not have been on the property in the first place. A visitor would have been somebody invited to the property who did not live on or operate a business at the property. But those distinctions or classifications are now mostly eliminated to provide a general duty of care to the level that is required for anybody who steps foot on another’s land. However, one’s status as a trespasser or visitor will still act as a factor affecting the court’s final decision.
An invited guest is an individual who was expressly sent an individual to come to another’s property. These cases differ from parties that are open events where someone came upon it without an invitation or request to come by the owner. This places a greater duty of care on the property owner because they should have been expecting the guest, and had ample time to prepare the land and make sure it was safe for their visit.
Exceptions for Trespassing Young Children
Being a trespasser does not necessarily prevent someone from bringing a claim in New York. It is simply a factor to consider when determining whether the property owner owes a duty of care to the trespasser. For example, a young child under the age of six clearly will not have nefarious intentions for wandering onto someone else’s property and jumping into a pool because they simply may not know any better. Even though the child was trespassing, the property owner may still be held liable because they failed to properly cover or fence off the area to prevent this type of situation from occurring.
Visitor Negligence in Determining Liability
Anyone who was injured on someone else’s property and brings a premises liability claim must still show that they were not negligent in causing the accident and that their negligence was not the primary factor for creating their injuries. The higher the percentage of negligence someone is assigned by a jury, the less compensation they will be able to collect. For example, if an individual was found to be 30% negligent by the court, the amount of compensation they could claim for their injuries would be reduced by 30%.
The biggest factors to look out for are if the plaintiff was not paying attention at the time of the accident and was distracted for some reason while performing a task. Scrutinizing the actions of the injured individual can be used as a defense tactic by the prosecution in these situations to help determine one’s liability.
The Role of a Professional Injury Attorney
Consider reaching out to an attorney with extensive knowledge about the classification of visitors in Long Island private property liability cases for assistance in your injury claim. A local lawyer will have experience in fighting for these kinds of cases and will have the foresight to see what kinds of defenses the prosecution will use in an attempt to lower one’s awarded compensation. To learn more about the classification of visitors in Long Island private property liability cases, retain a dedicated injury attorney today for your legal representation.