Homeowner Liability

Homeowners do have a certain amount of liability for any injury that is suffered on their property, but this liability is going to vary depending on the legal rules that are in place in the state where the injury was sustained. In some states, the court is going to focus on the status of the injured visitor when it comes to determining how liable the owner or occupier is. What it comes down to is whether the injured visitor is an invitee, a licensee or a trespasser.

When a homeowner invites someone to enter their premises for any reason that can be considered lawful, this triggers the duty of the homeowner to exercise an ordinary level of care in order to ensure that the premises is safe. An invitation can be:

• Expressed, such as through words like "Come on in",
• Implied such as from known customs or the use of premises,
• Inferred from the conduct of the homeowner.

Contractors are also typically considered to be invitees.

Homeowner Liability and Licensees

Licensees are people who have no contractual relation with the owner of the property, but who are permitted to be on the premises either expressly or implicitly. Social guests at residences are typically considered to be licensees. The homeowner in this case is usually only liable for willful or wanton injury to someone who is a licensee. This means that the homeowner is only going to be required to exercise enough care to prevent injury to a licensee that is expected to be within the range of a dangerous condition or dangerous act.

Homeowner Liability and Trespassers

The third type of classification for visitors on a property is trespassers. Surprising to many homeowners is the fact that there is a duty of care that is owed even to people who have absolutely no lawful right or permission to be on the premises in the first place. Trespassers are people who enter onto the premises of another person without any form of expressed or implied permission by said owner for the benefit or amusement of the trespasser. Homeowners cannot lawfully create traps or pitfalls in order to purposefully or intentionally injure the trespasser. Once the owner is aware that there is a trespasser present on the property or can reasonably anticipate that a trespasser may be present, then the owner actually has a duty to exercise ordinary care in order to avoid injuring the trespasser.

It is important for homeowners to be aware of where the liability lies when it comes to trespassers, licensees and invitees and injuries on the premises of a homeowner.

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