THE DUTY OF A PROPERTY OWNER TO PERSONS ON THE PROPERTY DEPENDS ON THE LEGAL STATUS OF THE PERSON ON THE PROPERTY -
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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