On The Premises

There are three types of persons who come onto a landowner’s property: trespassers, licensees, and invitees. The owner’s duty of care to each type of visitor is different. Some states (led by California and New York) have rejected the various categories of visitors in favor of requiring a landowner to exercise a standard of reasonable care to all of them.
Invitees

1. Two Types

a.
Business Visitors Business visitors are persons invited by the owner onto the property to conduct business with the owner.
Public Invitees Public invitees are persons who enter property that is open to the public for their own use.

2.
Duty of an Owner An owner has a duty to exercise ordinary care in keeping the property safe. The owner has a duty to inspect the property for unknown dangers.
Exceptions Persons who exceed the scope of an invitation onto the property will void their status as invitees.

B.

Licensees
1.
Definition Licensees are persons who enter an owner’s property with the owner’s consent, e., social guests. Firefighters and police officers are usually considered to be licensees.
Duty of an Owner An owner does not have a duty to inspect the property for unknown dangers, but does have a duty to warn a licensee of any dangerous conditions of which the owner is aware.
Exceptions Owners have a duty to exercise reasonable care when they are involved in “active operations of their land.”

C.

Trespassers
1. Undiscovered Trespassers

a.
Definition Persons who enter the property of an owner without permission or privilege.