In premises liability cases, the duty of care is the legal responsibility of property owners to maintain a reasonably safe environment for visitors. The extent of this duty can vary depending on the jurisdiction and the status of the visitor. This includes being an invitee, licensee or trespasser.
However, many are still confused about the differences between the three, causing hesitation when pursuing a case. The distinctions are crucial because they determine the level of care the property owner must provide.
Understanding the visitor statuses
Explaining it in the simplest possible way, you can distinguish the three types of duty of care based on visitor status as follows:
- Invitees: These are people who enter the property for a purpose related to the owner’s business or with the owner’s express or implied invitation. Property owners owe the highest duty of care to invitees. This duty of care includes regularly inspecting the property, fixing what needs to be fixed and warning against any dangerous conditions.
- Licensees: These are people who enter the property for their own purposes but whose visit the owner allowed. The owner’s duty to licensees is to warn them of any non-obvious dangerous conditions the owner is aware of, but there is generally no duty to inspect the property to discover dangers.
- Trespassers: These are individuals who enter the property without any right or permission. Generally, the only duty the property owner has towards trespassers is to avoid willful or wanton injury.
The specifics can vary, and there are exceptions and special rules, such as attractive nuisance doctrine which provides that property owners can be held liable for injuries to children trespassing on the property if the injury resulted from a hazardous object or condition that is likely to attract children.
Steps you can take
If you suffered injuries in another’s property, it is beneficial to document the incident, your injuries and the conditions that led to your injury. It is also advisable to seek medical attention to assess and record the physical harm and consult a personal injury attorney to understand your rights and options under the laws, especially if you have questions about your visitor status at the time of the incident.
