Invitee
Encyclopedia
In the law
of tort
s, an invitee is a person who is invited to land by the possessor of the land as a member of the public or one who is invited to the land for the purpose of business dealings with the possessor of the land. The status of a visitor as an invitee (as opposed to a trespasser
or a licensee
) defines the legal rights of the visitor if they are injured due to the negligence
of the property owner. However, the case of Rowlands v. Christian sought to eliminate the distinction between business invitee and licensee in regards to a land occupier owing a duty to act as a "reasonable man" in rendering the property safe for others.
The property owner has a duty to make the property safe for the invitee, which includes conducting a reasonable inspection of the premises to uncover hidden dangers. The property owner also has a duty to warn
the invitee of hazardous conditions that cannot be fixed. Furthermore, property owners assume a duty to rescue
an invitee who falls into peril while visiting the property. If an independent contractor
hired by the landowner injures an invitee (intentionally or through negligence), the owner can be held vicariously liable. This represents the broadest duty of care
owed to any class of visitors to the property.
An invitee is only an invitee within the scope of permission granted by the landowner. Thus, if an invitee is invited to do business in a store and is injured snooping around in the private storage area, he does not have invitee status in that area. So if the invitee is snooping around in the dark, trips and falls on something, the land occupier is not liable since the snooper exceeded the consent given him/her (Whelan v. Van Natta).
There are generally three types of invitees i.e. Business Invitee, Public Invitee, and Licensee. Business Invitee is a person who enters business property to do business with the land occupier. Public Invitee is a person who enters land in the possession of another of which the property is held open to the public and no business purpose is involved. Licensee is a person who enters certain property with express or implied permission of the land occupier and no business purpose is involved. A social guest would be an example of a licensee.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
s, an invitee is a person who is invited to land by the possessor of the land as a member of the public or one who is invited to the land for the purpose of business dealings with the possessor of the land. The status of a visitor as an invitee (as opposed to a trespasser
Trespasser
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional...
or a licensee
Licensee
A licensee is someone who has been granted a licence.- Tort law :The term is used in the USA law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter...
) defines the legal rights of the visitor if they are injured due to the negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
of the property owner. However, the case of Rowlands v. Christian sought to eliminate the distinction between business invitee and licensee in regards to a land occupier owing a duty to act as a "reasonable man" in rendering the property safe for others.
The property owner has a duty to make the property safe for the invitee, which includes conducting a reasonable inspection of the premises to uncover hidden dangers. The property owner also has a duty to warn
Duty to warn
A duty to warn is a concept that arises in the law of torts in a number of circumstances, indicating that a party will be held liable for injuries caused to another, where the party had the opportunity to warn the other of a hazard and failed to do so....
the invitee of hazardous conditions that cannot be fixed. Furthermore, property owners assume a duty to rescue
Duty to rescue
A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril. However, in the United States, it is rarely formalized in statutes which would bring the penalty of...
an invitee who falls into peril while visiting the property. If an independent contractor
Independent contractor
An independent contractor is a natural person, business, or corporation that provides goods or services to another entity under terms specified in a contract or within a verbal agreement. Unlike an employee, an independent contractor does not work regularly for an employer but works as and when...
hired by the landowner injures an invitee (intentionally or through negligence), the owner can be held vicariously liable. This represents the broadest duty of care
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
owed to any class of visitors to the property.
An invitee is only an invitee within the scope of permission granted by the landowner. Thus, if an invitee is invited to do business in a store and is injured snooping around in the private storage area, he does not have invitee status in that area. So if the invitee is snooping around in the dark, trips and falls on something, the land occupier is not liable since the snooper exceeded the consent given him/her (Whelan v. Van Natta).
There are generally three types of invitees i.e. Business Invitee, Public Invitee, and Licensee. Business Invitee is a person who enters business property to do business with the land occupier. Public Invitee is a person who enters land in the possession of another of which the property is held open to the public and no business purpose is involved. Licensee is a person who enters certain property with express or implied permission of the land occupier and no business purpose is involved. A social guest would be an example of a licensee.