Also known as:business invitee · business visitor · business visitors
Written by attorneys · grounded in primary & secondary sources — see below
A category of land entrant in premises liability who enters or remains on property for a purpose connected with the possessor's business dealings. This status triggers the highest duty of care owed by the possessor to inspect for and remedy dangerous conditions.
Sources & Authorities
How it applies
Common Examples
6
Corporate Training Session Attendee
Bright Path Foods sends employee Bianca Baker to Hamilton University for a paid corporate training session in a rented classroom. While walking to the session Bianca slips on a wet floor and sustains injuries. Her status as a business invitee requires the university to exercise reasonable care to inspect and warn of or remedy the hazard.
Restaurant Supply Contract Evaluator
Daniel owns a family farm holding a public pumpkin patch event. Olivia arrives by prior appointment as a restaurant buyer to inspect pumpkins for a potential supply contract. Olivia trips over uneven ground while evaluating produce. Her presence for a purpose tied to Daniel's business dealings classifies her as a business invitee owed a duty of reasonable care.
Select any source to read its text and confirm it supports the definition.
Restatements
Casebooks
Hornbooks
Study Supplements
Office Visitor During Contract Negotiations
Benjamin Brooks enters Baxter Dynamics headquarters to negotiate a supply agreement with the company's procurement team. While crossing the lobby Benjamin trips over an unrepaired tear in the carpet. His visit for business dealings with the possessor establishes business invitee status and the corresponding duty of care.
Foley v. Interactive Data Corp.47 Cal. 3d 654, 254 Cal. Rptr. 211, 765 P.2d 373
Delivery Courier in Common Corridor
Bobby Brady, a courier, walks through the common corridor of an office building to deliver documents to a tenant. He catches his shoe on a frayed carpet seam and falls. The courier's presence for a commercial purpose connected to the building's tenants makes him a business invitee.
Belinda Baxter, a snack vendor, enters an amphitheater through an unlocked gate during festival setup to sell goods to attendees. She steps into an uncovered trench while positioning her stand. The vendor's commercial purpose tied to event operations qualifies her as a business invitee.
CompuServe v. Cyber Promotions, Inc.962 F. Supp. 1015, 1022 (S.D. Ohio 1997)
Spectator at Paid Sporting Event
Beatrice Brown purchases a ticket and enters a stadium to watch a professional baseball game. While proceeding to her seat she falls on a loose step in the concourse. Her paid admission for the business purpose of the stadium operators establishes business invitee status.
eBay, Inc. v. Bidder’s Edge, Inc.100 F. Supp. 2d 1058, 1071 (N.D. Cal. 2000)
Common questions
Frequently Asked
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How does business invitee status differ from public invitee status?+
Business invitees enter for a purpose directly or indirectly connected with business dealings with the possessor. Public invitees enter as members of the public for a purpose for which the land is held open. Both categories receive invitee protections but arise from distinct invitations.
Supporting sources
What duty does a possessor owe to a business invitee?+
A possessor must exercise reasonable care to discover dangerous conditions and either make them safe or warn the invitee. This duty exceeds the limited warning obligation owed to licensees.
Supporting sources
Can a person qualify as both a public invitee and a business invitee on the same visit?+
No. The categories are mutually exclusive based on the purpose of entry. A visitor qualifies under only one invitee subcategory at a time even if the land is open to the public.
Supporting sources
Does prior permission alone create business invitee status?+
No. Permission without a business purpose connected to the possessor produces only licensee status. The visitor must enter for a purpose tied to the possessor's commercial dealings.
…266 [4 L.Ed.2d 697, 705, 80 S.Ct. 725, 78 A.L.R.2d 233]; 2 Harper and James, The Law of Torts, supra , 1430 et seq.; Prosser, Business Visitors and Invitees , 26 Minn.L.Rev. 573; Marsh, The History and Comparative Law of Invitees, Licensees and Trespassers , 69 L.Q.Rev. 182, 359.) The courts of this state have also recognized the…