Also known as: licensee invitee distinction · invitee-licensee distinction · premises liability categories · licensee · invitee
Written by attorneys · grounded in primary & secondary sources — see below
A classification of land entrants in premises liability that separates a licensee, who enters or remains on land only by the possessor's consent, from an invitee, who enters either as a public invitee or a business visitor, thereby fixing the possessor's duty of care toward each category.
Logan Lane granted Leonard Lowe permission to cross his field to reach a fishing spot. Leonard later decided the path no longer suited his schedule and informed Logan he would stop using it. Logan accepted the termination and closed the path without further obligation.
Lucy Liu allowed her neighbor Laura Lewis to cut through her backyard to reach the bus stop each morning. Laura used the path solely for her own convenience with Lucy's permission. When Laura tripped on an unseen root, her status as a licensee limited the duty owed by Lucy.
Select any source to read its text and confirm it supports the definition.
Luke Latham permitted Luis Lopez to store equipment on a corner of his lot during a construction project. When Luke revoked permission, he gave Luis two weeks to retrieve the items. Luis removed everything within that window without dispute.
Legacy Motors invited Logan Lane to inspect a vehicle on the showroom floor for a potential purchase. Logan entered for that commercial purpose. The dealership therefore owed Logan the higher duty of care applicable to invitees.
Linden Bank allowed Laura Lewis to install signage on bank property after representing the arrangement would last two years. Laura spent substantial sums on the signs in reliance. When the bank sought early termination, Laura retained the right to keep the signs long enough to recover her costs.
Lakewood Manufacturing opened its parking lot to the public for a community festival it sponsored. Leonard Lowe attended the festival as a member of the public. His presence qualified him as a public invitee entitled to the corresponding duty of care.
The distinction determines the scope of the duty. A licensee receives only the limited protection against known hidden dangers, while an invitee receives the broader duty to inspect and make the premises reasonably safe for the purpose of the visit.
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A social guest enters by consent for personal purposes and therefore qualifies as a licensee. The absence of a business purpose or public invitation prevents invitee status even when the guest is expressly welcomed.
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A licensee who reasonably relied on representations about duration and spent capital or labor may continue the use long enough to realize on those expenditures. The termination right is therefore qualified by the reliance interest.
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No. An invitee must enter for a purpose connected with the possessor's business or as a member of the public for which the land is held open. Unauthorized commercial activity falls outside both categories and leaves the vendor a trespasser or at best a licensee.
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…Unless they fall under the prohibition of some legal rule, however, they are a matter for adjustment between owner and licensee, or by appropriate legislation. Compare Western Turf Assn. v. Greenberg , 204 U.S. 359. Alabama has a statute generally applicable to all privately owned premises. It is Title 14, § 426,…