under which types of circunstences is a homeowner liabil for dameges to a trespasser who is injured on the homeowners praperty?

Introduction

Premises liability law is the body of law that makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises . The term premise should be broadly defined to include land , property , or places of business . Premise liability claims are generally brought under a negligence theory . To establish negligence , an injured plaintiff must establish the existence of a duty by the defendant to conform to a specific standard of conduct breach of that duty by the defendant that

the breach of the defendant was the proximate cause of the plaintiff 's injury and that the plaintiff was injured

However , before a person can be held liable under premise liability law , it must first be determined whether the person was in possession of the property at the time the injury occurred . A person is deemed to be in possession of a property under the following circumstances : when the person occupies the land with the intention to control it , and when the person is entitled to occupation of the land when no other person is in possession of the land

The nature of the entrance made by the injured person must also be determined . This is because the defendant 's duty to the plaintiff can vary significantly depending upon how the plaintiff is classified . Most jurisdictions classify entrants into the following categories : invitee licensee and trespasser

An invitee is a person who is expressly or impliedly invited by the...