In a premises liability case in Joplin, a “licensee” is a person who has permission from the property owner to be on the property. The distinction between a licensee and an “invitee,” who also has permission, is that the licensee is there for his or her own purpose or amusement, rather than for business purposes, such as a customer. A common example is a party guest or family friend. Those individuals may have an invitation to visit or use the property, but they are not there to provide a benefit to the property owner.
There are some situations where a person can enter a store or business, but still be classified as a licensee. For instance, someone who enters a store to ask for directions, use the restroom or to retrieve something that belongs to them, would likely be classified as licensees as opposed to an invitee.
What duty is owed to a licensee?
A property owner owes a distinct duty of care to licensees, invitees and trespassers on their property. In most cases, trespassers are owed the least amount of care, while invitees are entitled to the most. The duty of care a property owner owes to a licensee lies in the middle.
Generally speaking, a property owner is liable for a licensee’s injuries if:
- The owner knew there was a condition on the property that posed an unreasonable risk of harm;
- The owner could not reasonably expect visitors to recognize the danger or appreciate how serious the danger was;
- The owner did not use reasonable care to eliminate the danger or to warn visitors of the dangerous condition on the property; and
- The licensee was unaware of the dangerous condition and the risk of danger it created.
Are there exceptions to the duty owed a licensee?
Yes. A licensee can lose his or her status and, instead, become a trespasser. This could occur if the licensee goes beyond any boundaries established by the property owner for its licensees. For example, if the guest of a party is invited into the living room, the door to the basement is shut and the owner tells the guests the basement is off limits, any licensee who may be injured while walking down the basement steps may not have a claim against the property owner. Of course, the guest must have known the basement was off limits for this exception to apply.
If you or someone you know has been injured while on the premises of someone else, you should contact a personal injury attorney to determine your rights and decide whether a lawsuit would be appropriate in your situation.
Wesley Cottrell
Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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