Premise liability laws can be complicated, inconsistent and unpredictable at times. Generally speaking, a property owner is responsible for ensuring their property is safe and well maintained. If a person is injured while on the property, they may be held liable for damages if they are deemed negligent.
Whether or not the property owner is liable will depend on the type of entrant the injured person is. To further complicate things, there are also exceptions to each rule. Let’s clarify what each type of entrant is and what the exceptions are to each rule.
Trespasser
A trespasser is an individual that is on private property without permission. Property owners are not responsible for the well-being of trespassers.
Invitees
A person is considered an invitee if the property owner invites them onto the premises. Because they are invited, the property owner is responsible for their safety and well-being while on their property. Invitees may include store patrons.
Licensee
A person is considered a licensee if they are allowed on the property, but were not invited. It’s often difficult for judges to determine the difference between an invitee and a licensee simply because the circumstances of the case will dictate which category the victim falls into. Owners have a lower level of responsibility for licensees. They must still warn them of any potential dangers that the licensee may not be able to easily see. However, they are not obligated to repair or maintain the premises.
Premise Injury Exceptions
- Even if a child is considered a trespasser, the property owner may be held responsible if the child is enticed to play with a dangerous object on the property, or if the owner maintains a dangerous condition on the property. Judges can be unpredictable with this exception.
- Other exceptions to trespassing include emergency and volunteer rescuers. If the owner does not post a “No Trespassing” sign or erect a fence around their property, people passing through the property would be considered Tolerated Trespassers. Greater duties are owed to Tolerated Trespassers and owners may be held liable in some instances.
- Social guests attending a party and family members are considered exceptions to the invitee rule. Instead, these individuals are considered licensees.
There are also some instances when an entrant’s classification may change while they are on the property. This can further complicate the case. For example, a person is considered an invitee if they enter a property to purchase items from a yard sale. In this case, the property owner does not permit yard sale patrons to enter their home. If a patron decides to enter the home without first asking permission, they then become a trespasser. If they are injured inside of the home, the property owner may not be held responsible. However, if they are injured in the front yard, the owner would be responsible.