It is a general rule of negligence law that no one has a duty to take affirmative action for the safety and protection of another. There is an exception to that rule, however, when a special relationship exists between two people. An example is the relationship between a homeowner or landowner and the people who enter onto the land. The relationship may lead to a premises liability lawsuit for negligence if the visitor is injured.
Under the common law, the duty of a landowner depends on the classification of the person who enters onto the land. The three classes of potential plaintiffs are invitees, licensees and trespassers. In most states, the homeowner or property owner owes the highest duty to invitees. The landowner's duty to licensees varies a bit from state to state. Trespassers are owed the very least consideration in all American jurisdictions, unless they are small children.
Invitees are Owed the Highest Duty of Care to Avoid Personal Injury
An invitee is a person who is on the premises because of an express or implied invitation of the landowner and for the purpose of an expected benefit to the landowner. A shopper in a retail store who enters the premises during regular store hours is an example of an invitee. Because an invitee's presence on the premises is for the landowner's benefit, the landowner has a duty to:
- Forewarn the invitee of unreasonably dangerous conditions on the premises.
- Exercise reasonable care to protect the invitee on his or her property.
- Inspect the premises and eliminate any foreseeable hazards on the premises.
There are three ways an invitee may lose his or her status. If the invitee loses his or her status, this will affect the outcome of any personal injury lawsuit against the property owner if the invitee is injured. The three ways to lose invitee status are:
- Physically go beyond the scope of the landowner's invitation.
- Remain on the premises for an unreasonable amount of time after one has completed the business for which one was invited.
- Engage in behavior unacceptable to the property owner.
Licensees are Owed a Lesser Duty of Care to Avoid Personal Injury
A licensee is one who is on the premises with the homeowner's permission, but not for the homeowner's benefit. Licensees are on the premises for their own benefit, such as salespeople, or by authority of law, such as police officers. In some states, social guests are also considered licensees. Because the licensee is not on the premises for the homeowner's benefit, the homeowner's duty is not as high as his or her duty to the invitee.
The homeowner owes no affirmative duty to the licensee to inspect the premises to seek out, discover and eliminate hidden dangers on the premises. The homeowner is liable for the licensee's personal injury only if the homeowner has knowledge of a dangerous condition on the land and the licensee does not. The homeowner is not required to make the premises safe.
On the other hand, the homeowner must not wantonly or willfully cause the licensee harm, or knowingly allow the licensee to innocently come into contact with a hidden danger. The homeowner need only warn the licensee of hidden dangers that the homeowner knows about but cannot reasonably assume the licensee knows about.
Trespassers Enter at Their Own Risk
A trespasser has no right, permission or privilege to be on the property; therefore, the landowner owes the lowest duty of care to the trespasser. The homeowner must merely refrain from intentionally, willfully or wantonly injuring the trespasser after discovering the trespasser on the property. The rule to refrain from injuring the trespasser does not apply if self-defense is necessary. Homeowners should note that the attractive nuisance doctrine may apply to trespassing children.
In sum, a homeowner or other owner or occupier of land may be liable for negligence if someone is injured on his or her land. Under common law premises liability, the homeowner's duty depends on the status of the injured person.
Source: Restatement (Second) of Torts §§ 329-343A (1965).
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