If you own real property, you will undoubtedly come across the Trespasser, Licensee and Invitee? Do you know what legal duty is owed to each? I've provided my understandings below. If you have a legal matter which involves the Trespasser - Licensee - Invitee, consult with a licensed attorney. I am NOT an attorney. I do not provide legal advice. The discussion here is of general legal concepts and is not to be interpreted as advice pertaining to your individual, unique circumstances.
· Trespasser is defined as one who enters land without the consent of the occupier without any privilege to do so. There is no duty of care owed to a trespasser unless the trespasser was discovered on the land, there are foreseeable constant trespassers on limited areas of the land, or the trespasser is a child.
· Licensee is defined as one who enters the land for his or her own purposes, but with the express or implied consent of the occupier. The occupier owes at least the same duty of care that is owed to the trespasser and must warn the licensee about dangerous natural or artificial conditions. If there is an extremely dangerous condition the occupier must take active reasonable precautions to protect the licensee. Last, the occupier owes the licensee a duty of reasonable care to avoid injuring the licensee by any activities being conducted.
· Invitee is defined as one who enters the land upon the express or implied consent of the occupier of the land, in order to use the land for the purposes for which it is held open to the public or to pursue the business of the occupier. The highest degree of care is owed to the invitee. The occupier owes the invitee at least the same duty of care owed to the trespasser and the licensee. The occupier also owes the invitee a duty of reasonable care to inspect and discover dangerous artificial and natural conditions as well as activities. Lastly, the occupier must either warn the invitee of a dangerous condition or activity or make the condition or activity safe.
In Summary
The occupier has a duty of reasonable care towards the licensee, including avoiding any actions that could cause harm. An invitee is someone who enters the land with the occupier's consent, either expressed or implied, for public use or for the occupier's business.
The highest level of care is owed to the invitee, with the same duty of care as the trespasser and licensee. The occupier must also exercise reasonable care to identify dangerous conditions or activities, and either warn the invitee or make them safe.
The occupier has a duty of care towards the invitee, which includes inspecting for and warning of dangerous conditions or activities. This duty is equal to that owed to trespassers and licensees.
The occupier must exercise reasonable care to prevent harm to the licensee and avoid any hazardous actions. An invitee is someone who enters the land with the occupier's consent, either explicitly or implicitly, for public use or business purposes.
The highest level of care is owed to the invitee, with the same duty as the trespasser and licensee, requiring identification and mitigation of dangerous conditions or activities. The duty of care towards the invitee is equivalent to that owed to trespassers and licensees.
The occupier must identify and address any potentially dangerous conditions or activities, either by providing warnings or by taking necessary steps to ensure the invitee's safety. This duty includes inspecting the premises for hazards and issuing warnings if necessary.
An invitee refers to an individual who enters the property with the explicit or implicit consent of the occupier for public or business purposes.
The highest level of care is required for the invitee, necessitating the identification and mitigation of any dangerous conditions or activities.
As a landowner, when there is confusion or misunderstanding about the duties owed to trespassers, licensees or invitees, it is always wise to consult with a licensed attorney who is licensed to practice in the state where the subject property is located.