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Determining Status in a Premises Liability Claim

Determining Status in a Premises Liability Claim

The most important thing with a premises liability case is determining the status of the plaintiff. In Texas, those are referred to under terms called an invitee, a licensee, or a trespasser. The way you determine whether you fall into an invitee status or a licensee status or trespasser is by looking at what your purpose was for going on to the property.

An invitee is someone who is invited to enter or remain on a property for a commercial benefit of a possessor of the premises, or something directly or indirectly connected with the business dealings. A licensee is someone who would come on or enter the premises for a purpose other than business or commercial, but still has the express or implied permission of the owner or the person in control of the premises. Whereas a trespasser goes on to the premises for a purpose, but not with the express or implied invitation of the owner.

 



 

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