Duties Owed to Visitors

Possessors and occupiers of real property are subject to the entrance of that property by various individuals. A duty of care is owed to each individual on the property, and levels of care vary based on the "classification" of the individual. The three classifications are invitee, licensee or trespasser.

• Invitee: Invitees are on the premises for the benefit of the owner or possessor either for business purposes or to benefit the owner in some other way. Invitees are due the greatest care; the possessor is required to inspect the property to discover all hazards, correct or minimize hazards and warn the invitee of any hidden dangers. Invitees include business patrons, contractors, mail carriers, garbage collectors, inspectors or appraisers (anyone there to benefit the owner).
• Licensee: Licensees are on the premises with the actual or implied permission of the possessor. They are on premises for their own benefit or no ones particular benefit. The duty owed is lower than that required for invitees - only the duty to warn of known and hidden hazards. There is no duty to inspect or correct. Social guests fall under the definition of a licensee.
• Trespassers: Trespassers are on the premises without permission or consent. Essentially, no duty is owed to trespassers. There is no duty to warn, inspect, fix or protect the trespasser from normal hazards. However, the owner/possessor cannot set a trap or commit any other willful or malicious acts towards trespassers. For example, the homeowner cannot dig a hole to trap the teenagers that run through his yard in the middle of the night; nor can the restaurant owner string a live electric wire across the duct work to shock thieves trying to break into the store.

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