Featured News 2014 What is a Licensee?

What is a Licensee?

A licensee is a person who walks onto a premises, and is automatically the property owner's responsibility. Normally, the term licensee finds its way into slip and fall, trip and fall, toxic exposure, or other premises liability cases. For example, when a shopper walks into a grocery store, that man or woman is automatically a licensee. This is because that shopper has now walked onto the premises and expects that the premises will remain safe while they are in the store. If they slip on a spilled jar of pasta sauce, or on a watery leak coming from a refrigerator, that licensee has the right to sue the property owner.

Another example occurs at theme parks. All parkgoers at theme parks are licensees from the moment that they enter the gates. If they slip on a puddle of water that was not swept up, or are injured on a roller coaster that malfunctions, then the park may be held liable and may need to pay excessive damages. Also, those who own businesses may be required to protect all employees at the business. A worker who trips down the stairs at his or her office may also be considered a licensee. The same applies to patrons at restaurants, those at private parks or clubs, those at movie theatres, and all other locations that are frequented by customers.

Property owners are required to take care of all foreseeable, obvious, or avoidable dangers. For example, property owners would most likely not be liable if there was an earthquake which caused a shopper to stumble and fall. They may be liable if they had displays that were dangerously constructed which fell on top of a shopper during the incident.

At a shopping mall, all the customers in every store are considered licensees. A licensee that trips on a cord that is snaking through the store, or falls on an escalator when it malfunctions, has the right to sue. As a property owner, it is essential that you train your employees to look for any potential hazards in the store and to clean them up as soon as possible. Also, if customers complain of a hazard, it is wisest to fix the problem as soon as possible. For example, if a person notices that water is being tracked in to the store due to rain outside, a store owner should promptly put down rugs and a warning sign, cautioning shoppers to be aware of the moisture.

Slip and fall signs and caution signs in stores do have some merit when it comes to slip and fall lawsuits. Oftentimes, the courts considered this to be necessary precaution. As a result, an injured customer may not have the right to sue because the team may determine that the individual saw the sign and proceeded to walk onto the wet tile floor anyway.

Also, if a shopper is injured because of reckless or erratic behavior, the store or property owner may not be at fault. For example, a shopper riding on her cart throughout a store, who subsequently falls from the car and injures her ankle, may not be held liable for the accident. The courts may determine that the person was acting in a way that most rational individuals would refrain from.

If you want more information, contact a local personal injury attorney today. With the right attorney on your side you may be able to prove that you were a victimized licensee in a shopping mall, grocery store, business complex, or any other location. Use our directory to locate a trustworthy personal injury attorney to help you with your case today!

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