05 May THE DUTY OF A PROPERTY OWNER TO PERSONS ON THE PROPERTY DEPENDS ON THE LEGAL STATUS OF THE PERSON ON THE PROPERTY
1. Business Invitee: On the property for mutual benefit…..Duty of reasonable care, the care that a similarly situated business
owner should use under like or similar circumstances.
2. Licensee: On the property with permission:
Duty to warn of hidden dangers.
3. Trespassers: No duty to adult trespassers. Trespassers proceed at their own risk.
4. Attractive Nuisance: If something dangerous is likely
to attract children, such as construction equipment, a pond,
pool etc… the property owner has a duty of reasonable care to
prevent children from entering the property and
accessing the dangerous item or condition.
The duties are often defined by expert testimony