Rapid City Premises Liability Attorneys

Invitee, Licensee & Trespasser

When you are on someone else’s property, you are an invitee, licensee, or trespasser under the law. This definition might seem mundane, but it is incredibly important for your premises liability claim. Property owners owe different duties of care to each of these types of visitors, which will impact liability and your chances of recovering a fair amount of compensation.

How are these types of visitors defined?

• Invitee: An invitee is someone who has been welcomed onto the property for the benefit of the proprietor. Customers in stores are the most common type of invitees. Craftsmen working in a customer’s home is another common type, like a plumber making a house call.
• Licensee: A licensee is someone who has been let onto the property, but they are there for their own benefit. Friends visiting another friend’s house are the most common type of licensee, even if the proprietor enjoys their company thoroughly.
• Trespasser: A trespasser is someone who has not been invited onto the property, but they have gained access to it through illegal or deceptive means. Trespassers are also assumed to be there to cause some sort of crime.

Property owners must follow the highest duty of care for invitees, which includes inspecting the property for hazards and addressing them before an invitee arrives. Licensees must be shown a moderate duty of care, which usually means they must be warned of the potential hazards that are known to the property owner. Trespassers are owed almost no duty of care, so it is extremely difficult to sue a proprietor if you knew you were trespassing when you were injured on their property. One of the only few exceptions involves when a trespasser is bitten by a violent dog but there were no warning signs around the perimeter.

Compensation for Injured Plaintiffs

Injured plaintiffs in premises liability cases in South Dakota can pursue compensation for a wide range of economic and non-economic damages, including:

• Medical expenses
• Lost wages
• Pain and suffering
• Temporary or permanent disability

Statute of Limitations for South Dakota Premises Liability Cases

Like other states, South Dakota law sets a legal deadline for premises liability lawsuits commonly known as a "statute of limitations." In most cases, under South Dakota Codified Laws Section 15-2-14, you have three years from the date of your injury to file a lawsuit against the responsible party. Once this window closes, the state court system will almost certainly refuse to hear your case and you will be left with no further legal options. It is critical you act as soon as possible after being injured to ensure your attorney has enough time to build the strongest possible case on your behalf.

We Want Your Case to Win – Call Now

Our Rapid City premises liability lawyers are known throughout South Dakota for our tenacity and great case results. See what so many others already know about our firm for yourself. Go ahead and call us at (605) 777-7466, so we can place a free initial consultation on your calendar.