Imagine you are in Safeway to pick up some orange juice and waffles. Before you can get either delicious item into your basket, you slip and fall on a wet piece of floor. As a result of the slip and fall, you suffer a serious injury. Whether you can build a strong legal case against Safeway will depend on multiple factors. One of these factors will be which of the following categories you fall into: the “licensee” category, “invitee” category, or “trespasser” category.
After all, while it is generally true that, in Maryland, property owners have to keep their property relatively safe so that visitors don’t suffer avoidable injuries, the particular duty of the property owner depends on which category the injured person falls into.
In this blog post, I won’t get into what makes someone a licensee, invitee, or trespasser. Instead, I’ll focus on whether folks who fall in the trespasser category might have a case.
Can a Trespasser Sue?
Can a trespasser who trips and falls over an item errantly laying on a business’ floor hire an attorney like me to sue the business considering he was trespassing at the time of the fall?
Probably not, because a property owner does not have a duty to protect a trespasser from hazards. This contrasts with the duties owed to licensees and invitees, and bare licensees.
It is worth noting, however, that a property owner must not intentionally injure a trespasser; for example, the owner cannot use a trap to intentionally injure a trespasser.
If you or a loved one has been involved in a serious injury due to a dangerous condition on some business’s or some person’s property, you may have questions about your legal options. If you have not yet started a lawsuit and are contemplating bringing one, I encourage you to contact me today. I can answer your legal questions and would love to talk with you. You can reach me at 410-513-9978 or by email at email@example.com.