What is Duty of Care in Premises Liability?

Injury & Accident Attorneys Serving Oklahoma City, Edmond, Norman & all of Oklahoma

Posted: May 18, 2021
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A picture of a wet floor sign next to a puddle of water.In Oklahoma, premises liability laws require a victim of personal injury to prove that a property owner owed them a duty of care. The duty of care owed to a victim depends on their status as a visitor. Generally, visitors are divided into three different categories:

  • Invitees
  • Licensees
  • Trespassers

An invitee is a visitor who has been invited onto the property by the owner. This category usually includes friends, family members, neighbors, or customers. For example, if you are being served at a restaurant, the property or business owner must keep the area reasonably safe for you since you are a customer.

A licensee is anyone who has implied or express permission to be on property, even if they do so for their own purposes. This includes social guests, such as a friend visiting your home unannounced. Although a property owner must notify a licensee of any potential hazards on their property, they don’t always have a duty to inspect their premises for those hazards before letting the licensee enter.

A trespasser is anybody who doesn’t have a lawful right to be on the property. Despite this, a property owner cannot willfully harm the trespasser. For children who trespass, the law is a little more complicated. If the property owner has an “attractive nuisance” or condition on their property that would draw a child to trespass (i.e. a tree house or swimming pool), the owner must take reasonable steps to protect them from injury. For example, a property owner should have a fence installed around a pool to secure it from potential kids who decide to trespass.

Injured on Someone Else’s Property? Call Johnson & Biscone Today

If you have sustained an injury on someone’s property due the owner’s negligence, call Johnson & Biscone, P.A. today at 405-232-6490 to schedule a complimentary consultation. Our experienced personal injury attorneys will fight for the compensation you need to recover from your injuries and hold the responsible party accountable. We are proud to serve clients living in Oklahoma City, Edmond, Norman, and other Oklahoma communities.