This article needs additional citations for verification. (August 2007) (Learn how and when to remove this template message)
|Part of the common law series|
|Liability and remedies|
|Duty to visitors|
|Other common law areas|
In the law of torts, 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 Rowland v. Christian sought to eliminate the distinction between business invitee and licensee in regard 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 two types of invitees i.e. Business Invitee and Public Invitee. 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 Offices of Thomas J. Murphy Jr. Duty Owed by Businesses to Customers Walking on Their Parking Lots, Sidewalks, Showroom Floors - Slip and Falls, Trip and Falls. January 27, 2011.