If you suffered an injury on a public or privately owned property, a court could hold the property owner or the person responsible for the accident accountable for your losses. However, there are many factors the court will consider. To file a premises liability claim and collect financial compensation, you will likely need a skilled injury attorney to establish the property owner’s fault.

Premises liability cases require an extensive investigation, review of relevant evidence, negotiation, and skilled representation at all stages. A Wausau premises liability lawyer could offer the guidance you need to collect monetary damages and hold the negligent defendant accountable.

How Does a Visitor’s Status Impact their Premises Liability Case?

Property owners have a legal duty to maintain their space and protect visitors from preventable harm. However, not all visitors are entitled to the same protections. Depending on their reason for visiting the property, the level of care they are owed changes. Visitors are usually classified into three different categories:

Invitees

An invitee is a visitor who enters a property with either an expressed or implied invitation. Most invitees arrive at a space for business reasons. For example, a customer at a grocery store is an invitee. Property owners owe invitees a significant duty of care – they must regularly inspect their space and fix anything broken. These actions help prevent unnecessary accidents.

Licensees

Meanwhile, a licensee enters a property with the owner’s permission but for their own purposes. Social guests or door-to-door salesman are great examples of licensees. A property owner owes this group the second highest duty of care and must warn them of potential hazards.

Trespasser

Finally, trespassers are people who enter a space without any kind of permission. A property owner does not owe a trespasser any duty of care – they do not have to protect them from hazards. The only exception to this standard is if the trespasser is a child.

A knowledgeable attorney in Wausau could help a premises liability claimant strengthen their case by determining their legal status at the time of a visit.

Attractive Nuisances and Child Trespassers

Another element of premises liability cases is that if a child trespasser gets hurt while on a property, a court instructs the jury to consider five elements when contemplating whether the owner is responsible for the accident. According to Wisconsin Civil Jury Instruction 8025, a property owner would be responsible for a trespassing child’s injuries if they:

  • Installed an artificial item, such as a pool, that could cause harm to children
  • Knew or should have known that kids would trespass because of that artificial item
  • Knew the object could cause damage to children, including severe or fatal injuries
  • Did not realize the item was a hazard to the child’s safety
  • Did not secure their property or provide safeguards to prevent the child from entering the space

If a trespassing child gets hurt due to the above circumstances, the property owner will likely be responsible for offering financial compensation. An experienced lawyer in Wausau could review the evidence to determine if a premises liability claim falls within the attractive nuisance guidelines.

Call a Wausau Premises Liability Attorney to Learn More

If the person responsible for upkeeping a property failed to maintain a safe space, you should not have to handle your case alone. Instead, take your claim to a Wausau premises liability lawyer. Our dedicated team could help you prove your legal status, collect evidence about the property owner’s negligence, and negotiate with insurance corporations to work towards an adequate settlement.

It can be challenging to pursue monetary damages alone, so do not hesitate to work with our seasoned legal representatives. Contact us online today to schedule your initial consultation.

Contact a Wausau Personal Injury Attorney Today

If you are recovering from an injury, you need to focus on regaining your health. You should not have to negotiate with stubborn insurance companies or compromise with a defendant.

A Wausau personal injury lawyer could lessen the stress and complications associated with collecting compensation, allowing you to recover fully. Call today to learn more about your options.

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