{"id":2387,"date":"2024-01-23T16:03:55","date_gmt":"2024-01-23T16:03:55","guid":{"rendered":"https:\/\/wolflawpllc.com\/?p=2387"},"modified":"2024-02-13T18:58:35","modified_gmt":"2024-02-13T18:58:35","slug":"licensee-invitee-trespasser","status":"publish","type":"post","link":"https:\/\/wolflawpllc.com\/blog\/premises-liability\/licensee-invitee-trespasser\/","title":{"rendered":"Licensee vs. Invitee vs. Trespasser Explained"},"content":{"rendered":"

Understanding the difference between licensees, invitees, and trespassers is crucial for both property owners and visitors, as it dictates the level of care owed by the property owner and the rights of the visitor. In legal terms, these classifications can significantly influence the outcome of a premises liability claim. In this blog post, we will delve into the definitions of licensee, invitee, and trespasser, examine the duties of property owners to each, and discuss the potential legal ramifications of these distinctions.<\/p>\n

Licensee Status<\/h2>\n

When you are a social guest at a person\u2019s house, you are a licensee. Delivery workers, such as mail carriers, also fall into the licensee category. Licensees are those invited onto a property either directly or through implication. For example, if you are invited to a backyard barbeque with a verbal or written invitation, you have been directly invited. Mail carriers do not receive these direct invitations, but are expected, unless otherwise instructed, to enter your property to deliver mail each day as part of their daily work responsibilities.<\/p>\n

Texas Property Owners Responsibilities to Licensees<\/h3>\n

Property owners must inform licensees of any known danger and take measures to correct the condition or make it \u201csafe.\u201d For example, weakened stoop railings could cause guests to lose balance and fall if leaned against, so homeowners must take care to fix the railing and, in the meantime, alert guests to the problem. The homeowner might attach caution tape or other indications to the railing to prevent guests from using it.<\/p>\n

Property owners are not responsible for injuries visitors sustain from unknown dangers unless it is a hazard the property owner should have reasonably known about. While a homeowner is not expected to scour their property for hidden dangers, they cannot plead ignorance \u2013 at least not successfully in court \u2013if the injury came from an obvious danger.<\/p>\n

Licensees Are Also Responsible for Their Own Safety<\/h4>\n

Though property owners owe licensees a duty of care, the licensees themselves are also responsible for acting in ways to preserve their own safety. If there is a hazardous condition on the property and it is apparent, licensees must take care to avoid it. Further, if they engage in risky behavior while on the property, they may be found liable for causing their own injuries.<\/p>\n

For example, if a teenager or young adult who should \u201cknow better\u201d decides to ride down a banister and that banister breaks under the person\u2019s weight, the resulting injury will not necessarily be attributed to a negligent homeowner. The thrill-rider should have reasonably known the risk they were taking.<\/p>\n

Just as for licensees, property owners must warn invitees of known dangers. However, they must also have measures in place to correct those hazards promptly and must take reasonable steps to find and correct less apparent dangers on their property. As you might expect, victims and potentially at-fault property owners interpret \u201creasonable\u201d differently.<\/p>\n

Invitee Status<\/h2>\n

An invitee\u2019s presence on a property is transactional. They enter a property for business that will benefit the property owner.\u00a0 Examples of invitees include:<\/p>\n