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Licensee

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arises if there is a harmful condition on the land that is hidden from the licensee, so long as the landowner knows of this condition. The licensee falls between the anticipated or discovered trespasser and the invitee on the sliding scale of tort liability assessed to landowners. Whereas the
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Even states that have retained the traditional common law rule regarding the absence of duty towards a trespasser may impose a duty of care towards certain kinds of trespassers. For example, a dangerous condition may effectively invite children to come onto the property. Such an
94:, is a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. The status of a visitor as a licensee (as opposed to a 114:, the licensee must be warned of all known dangers. However, unlike an invitee, a licensee has no standing to sue for dangerous conditions that "should have been" discovered by the property owner but were not actually known to the owner. 174: 105:
Where licensees are present, activities conducted on the land by or at the behest of the owner of the land must be conducted with the care that a prudent person would show. A
121:, a property possessor (not necessarily the owner) has no duty whatsoever to trespassers. Some states retain the traditional common law rule, while other states, such as 32: 66: 152:
injuries caused by the risks inherent to their jobs. Generally such injuries are instead covered by
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or an invitee) defines the legal rights of the visitor if they are injured due to the
206: 137: 88: 40: 211: 125:, have imposed a reasonable duty of care toward all people who enter a property. 149: 200: 44: 110:
anticipated trespasser needs to be protected from known man made conditions
148: – have been considered licensees, but they are barred from 145: 106: 122: 118: 99: 95: 91: 84: 141: 31:
deal primarily with the United States and do not represent a
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of the property possessor (not necessarily the owner).
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may impose a duty of care even towards trespassers.
198: 172:See, e.g., Arkansas Model Jury Instructions, 29:The examples and perspective in this article 112:capable of causing death or serious injury 67:Learn how and when to remove this message 199: 15: 13: 14: 223: 20: 166: 1: 159: 7: 43:, discuss the issue on the 10: 228: 83:can mean the holder of a 154:worker's compensation 49:create a new article 41:improve this article 131:attractive nuisance 140: – 117:Under traditional 181:. Thomson Reuters 138:emergency workers 77: 76: 69: 51:, as appropriate. 219: 191: 190: 188: 186: 170: 72: 65: 61: 58: 52: 24: 23: 16: 227: 226: 222: 221: 220: 218: 217: 216: 197: 196: 195: 194: 184: 182: 173: 171: 167: 162: 150:recovering from 73: 62: 56: 53: 38: 25: 21: 12: 11: 5: 225: 215: 214: 209: 193: 192: 164: 163: 161: 158: 136:Historically, 75: 74: 35:of the subject 33:worldwide view 28: 26: 19: 9: 6: 4: 3: 2: 224: 213: 210: 208: 205: 204: 202: 180: 176: 169: 165: 157: 155: 151: 147: 143: 139: 134: 132: 126: 124: 120: 115: 113: 108: 103: 101: 97: 93: 90: 86: 82: 71: 68: 60: 50: 46: 42: 36: 34: 27: 18: 17: 183:. Retrieved 178: 168: 146:firefighters 135: 127: 116: 111: 107:duty to warn 104: 80: 78: 63: 54: 30: 201:Categories 160:References 123:California 119:common law 100:negligence 96:trespasser 57:July 2019 45:talk page 207:Tort law 92:tort law 81:licensee 39:You may 179:WestLaw 87:or, in 85:license 212:Google 142:police 185:9 May 47:, or 187:2018 144:and 89:U.S. 203:: 177:. 156:. 79:A 189:. 70:) 64:( 59:) 55:( 37:.

Index

worldwide view
improve this article
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Learn how and when to remove this message
license
U.S.
tort law
trespasser
negligence
duty to warn
common law
California
attractive nuisance
emergency workers
police
firefighters
recovering from
worker's compensation
"AMI 1107 Distinction Between a Trespasser or Licensee and an Invitee—Duty Owed to Each"
Categories
Tort law
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