Premises Liability

Law is filled with various categories of causes of action. One of those is premises liability. Stated simply, premises liability occurs when a person is injured on the property of another. Stated in the most simplified way, if an injured person can establish that the owner of the property knew or should have known of the dangerous condition that existed on the property, then they can recover from him or her. Of course, there are exceptions to this general rule and classifications of responsibility. Here at Racine Olson in Pocatello and Boise Idaho, we understand these rules and are ready to help our neighbors recover for their serious injuries.

Although premises liability is one narrow area of law in Idaho Tort Law, there are many ways that it can arise. One common way is when a customer is in a store and slips and falls due to some foreign substance being on the floor. Drowning may be a premises liability claim. An attack by a dog or some other animal would fall into this category as well. Even improperly maintained structures where handrails are missing or floors have not been maintained can cause a premises liability claim if someone is injured as a result of them.

Idaho courts have stated that the duty an owner or possessor of property owes to an injured party is determined by the status that the injured party had when they were on the property. In other words, was the person an invitee, licensee or trespasser. Ball v. City of Blackfoot, 152 Idaho 673, 273 P.3d 1266 (2012).

An invitee is someone who enters property for the purpose of conducting business on the land. Id. This is generally interpreted broadly. The business can be commercial or even just visiting a loved one in an assisted living facility. In that situation, a landowner owes the invitee a duty to keep the property in a reasonably safe condition and to warn of hidden or concealed dangers. Id.

A licensee is someone who goes onto the property of another with the consent of a landowner but instead of going in pursuit of the business owner’s benefit he or she is entering the property for their own purpose. Id. One example of this is in the situation where a social guest goes to the home of another.

Finally, there is the duty owed to a trespasser. This is the smallest duty of all. In the situation where someone enters property as a trespasser, the landowner only owes a duty to refrain from willful or wanton acts that would cause an injury. Boots v. Winters, 145 Idaho 389, 140, 179 P.3d 352 (Ct. App. 2008).

As one can readily see, it is best if a person can be found within the category of an invitee since the landowner in that situation owes the greatest duty. Racine Olson can help you in your premises liability case. Racine Olson has successfully handled many premises liability cases. These cases are not easy due to the rules that surround them as shown above. However, we believe that with our help we can maximize the value of our client’s claims. Furthermore, we are unafraid to take the matter to trial if need be. We understand that your injuries are real and that the problems arising therefrom such as medical bills, lost work, and pain and suffering are also real. Give us a call. When you do you can expect to speak with an attorney about your problem. You can then leave your concerns on our desk while our team of lawyers, in connection with you, solve your problem together. Problem solved.