Rules Regarding Right To Sue For Injury Sustained On Private Property

As long as an adult pays attention to where he or she is going, and as long as the same adult is not trespassing, he or she has the right to sue, if injured on private property.

Factors to consider, before initiating a lawsuit

What are the laws in the state where the victim sustained the injury? Each state establishes the list of proofs that must be offered by a victim, if he or she hopes to win any lawsuit.

—A state provides guidelines, concerning whether or not a given danger is obvious to others.
—A state has the ability to mandate inspections in businesses, so that property owners can find potential dangers.

What were the duties of the host? He or she must ensure the safety of anyone that is invited to come onto the property. That means fixing or removing all known dangers.

What are the duties of any guest? Those allowed onto a given property are expected to watch for those dangers that are obvious. Whenever children are guests, each of them must be protected from harm. The host must understand that children do not always recognize a danger that seems apparent to an adult.

Still, if a family were to come onto a property, then it would be the parents’ duty to keep an eye on their children. The parents should understand what situations could put their children in danger.

Trespassers come onto private property at their own risk.

The Personal Injury Lawyer in Kanata knows that the property owner does not have to ensure the trespasser’s safety. That is the rule in all states.

On the other hand, property owners are not allowed to create an added element of danger, in order to put the trespasser at a higher level of risk.

—A trap would qualify as an added element of danger.
—A watchdog would not qualify as an added element of danger, unless that dog was allowed to remain unchained.

Why would it be wrong for a property owner to set a trap for any trespassers?

Someone that has taken a hostage might venture onto a private property. That same person would not use caution, when handling the hostage. Hence, he or she could suffer the same consequences as the trespasser.

The law has been designed to keep that from happening. Hence, property owners have been cautioned against setting up any sort of trap on their premises. If a trespasser were injured, after falling in a trap, the property owner might not be ready to cover the medical expenses. Instead, public money would have to be used to cover those expenses. That fact helps to explain the rule that pertains to the setting of traps.