Premises Liability

Question 1

What is an invitee?

Answer 1

P that enters D’s land at D’s express or implied invitation, who enters for a purpose relating to D’s interests or activities

Question 2

May invitees be limited in scope?

Answer 2

Yes, invitees may be regarded as licensee or trespasser if they enter areas of D’s property to which the invitation doesn’t extend and/or stays longer than the invitation

Question 3

What is the duty owed to invitees?

Answer 3

D has a duty to prevent injuries to invitees caused by activities conducted on land and to discover, warn and fix dangerous artificial conditions on land

Question 4

What is a licensee?

Answer 4

A P that enters D’s land with D’s express or implied permission, and who doesn’t enter for a purpose benefitting D or D’s activities

Question 5

What is the duty owed to a licensee?

Answer 5

D has a duty to prevent injuries to licensees caused by activities conducted on the land, and warn P about known dangerous and artificial conditions that licensee is unlikely to discover

Question 6

What are known trespassers?

Answer 6

Ps that enter D’s land without permission or privilege, but D becomes aware of facts which would allow a reasonable person to conclude that P has trespassed

Question 7

What is duty owed to known trespassers?

Answer 7

Duty to warn regarding dangerous artifical conditions maintained on the land that known tresspassers are unlikely to discover or understand the risks