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188:(1968 in California) pretty much did away with using these categories as determinative of the duty of care, at least in California. Other states have followed suit to a large extent. A good source on this is "Tort Stories" by Rabin and Sugarman, although I don't have time to fix this. However, I believe that the status of the visitor may often have some impact on the duty of care - it's just that cases like
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Third, trespassers have often been given more rights than one might think the laws would provide. Often landowners can be found liable for trespassers hurting themselves in some jurisdictions, with other jurisdictions not wanting to allow people to collect damages arising from wrongful action in the
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Second, I'm pretty sure that even in the old way of doing things, the highest duty of care was given to licensees, not invitees. I am pretty sure that social guests, for example, don't have to be warned of noticeable defects. Even in terms of hidden defects, it's unclear. The
Restatement Second of
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I'm not sure but I believe there are specific laws that only apply in some states that prohibit policemen and firemen from recovering for injuries sustained on the job. While
Workers Comp might have similar provisions, I don't know if that is available in every state. Sorry I don't have time to
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Why not just copy the definition from Black's or something instead of having an answer that is only 1/2 right. There are many incorrect generalizations here. I tried to clean it up a little, but it really needs more work. It should probably be replaced.
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hadn't adopted it, and it had a very narrow definition of hidden defects (a typical example being a loaded spring gun).
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First, the status of the visitor as trespasser, invitee, and licensee has been overturned, at least in some states.
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https://web.archive.org/web/20111115024922/http://www.solicitorssearch.com/Article/Lease-or-License-77
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Torts in 1965 provided for a broad definition of hidden defects, but for example, CA at the time of
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