Invitee, Licensee, and Trespasser

An invitee is either a business visitor or a public invitee. Moreover, a business visitor is a person who is invited to enter or permitted to remain on the premises for a purpose directly or indirectly connected with the business dealings of the possessor of the land. According to the "economic benefit'' theory of liability, there is a duty when an economic benefit is conferred upon the possessor by the invitee's presence. A public invitee is a person who is invited to enter or remain on the premises as a member of the public for a purpose for which the land is held open to the public.

A pubic invitee is also known as public invitation theory. Here, when a possessor encourages others to enter his or her land for a certain purpose, the owner or possessor owes a corresponding duty to those persons who respond to the invitation and enter the land for the specified purpose.
Additionally, a licensee is a person who is not an invitee and who is privileged to enter or remain on the premises by virtue of the consent of the owner or possessor. A social guest is a common example of a licensee. Finally, a trespasser is a person who enters or remains on premises without a valid privilege to do so. Under California law, the court has determined that liability may vary depending on t whether the individual is a licensee, trespasser, or invitee.

Liability for Dangerous Conditions on Premises

A possessor who knows, or reasonably should know, of a natural or artificial condition on the premises which the possessor should foresee exposes invitees to an unreasonable risk, and who has no basis for believing that they will discover the condition or realize the risks involved, is under a duty to exercise ordinary care either to make the condition reasonably safe for their use or to give a warning adequate to enable them to avoid the harm. Moreover the duty also extends to licensees and trespassers as well.

A dangerous condition is required to have (1) the condition exposes an entrant to an unreasonable risk of harm, and (2) the possessor has no reasonable basis for believing that the entrant will discover the condition or realize the risks involved.

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