Difference between invitee and licensee – In the realm of property law, the distinction between invitees and licensees is crucial for understanding the duties owed by landowners and the rights and responsibilities of visitors.

This article delves into the legal definitions, duties, and legal status of invitees and licensees, providing a comprehensive overview of this important legal distinction.

Definitions

In the law of torts, an invitee is a person who enters the property of another at the express or implied invitation of the owner or occupier. A licensee, on the other hand, is a person who enters the property of another with the owner’s or occupier’s permission but without an invitation.

Examples of invitees include customers in a store, patients in a hospital, and students in a school. Examples of licensees include social guests, repair workers, and utility company employees.

Duties Owed

Landowners owe a duty of reasonable care to both invitees and licensees. However, the duty owed to invitees is greater than the duty owed to licensees.

Landowners must take reasonable steps to protect invitees from foreseeable dangers on their property. This includes repairing defects, warning of potential hazards, and providing adequate lighting.

Landowners owe licensees a lesser duty of care. They must only warn licensees of any known dangerous conditions on their property and must not create any new hazards.

Legal Status

Invitees have a higher legal status than licensees. They are considered to be on the property for the benefit of the landowner, and they are therefore entitled to a greater degree of protection.

Licensees, on the other hand, are considered to be on the property for their own benefit. They are therefore entitled to less protection than invitees.

Examples, Difference between invitee and licensee

The different duties owed to invitees and licensees can be seen in the following examples:

• A store owner owes a duty of reasonable care to customers to protect them from foreseeable dangers on the property. This includes repairing defects in the floor, warning of slippery surfaces, and providing adequate lighting.
• A homeowner owes a lesser duty of care to a social guest. The homeowner must only warn the guest of any known dangerous conditions on the property and must not create any new hazards.

Essential FAQs: Difference Between Invitee And Licensee

Who is considered an invitee?

An invitee is a person who enters a property with the express or implied invitation of the landowner for the benefit or economic enrichment of the landowner.

What is the primary duty owed to an invitee?

Landowners owe invitees the highest duty of care, which includes the duty to inspect and repair any unsafe conditions on the property and to warn invitees of any potential hazards.

Who is considered a licensee?

A licensee is a person who enters a property with the permission of the landowner but not for the benefit or economic enrichment of the landowner.

What is the primary duty owed to a licensee?

Landowners owe licensees a duty to warn them of any known dangerous conditions on the property and to avoid willful or wanton misconduct.