Duties owed to the Trespasser – Licensee – Invitee
Distinguish between Trespasser, Licensee and Invitee? What duty is owed to each?
· 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.