Also known as: public invitee
Written by attorneys · grounded in primary & secondary sources — see below
A category of invitee consisting of a person who is invited to enter or remain on land as a member of the public for a purpose for which the land is held open to the public.
Riverfront Energy operates a hydroelectric dam with a visitor center that advertises free public tours. Tourist Carla follows a tour sign onto a viewing platform near the machinery and is injured when she slips. Carla qualifies as a public invitee because she entered in response to the express public invitation for tours, triggering the possessor's duty of reasonable care to inspect and warn of hazards.
Riverbend Community Center invites the general public to use its privately owned garden and walking path during daylight hours through an open gate. Maria enters the garden and is struck by a dead tree branch that staff had reported but not removed. Maria is a public invitee because her entry matches the purpose for which the land was held open to the public, imposing on the center an affirmative duty to take reasonable steps to protect her from known hazards.
Select any source to read its text and confirm it supports the definition.
A public invitee enters land as a member of the public for a purpose for which the land is held open to the public. A business visitor enters for a purpose directly or indirectly connected with business dealings with the possessor. Both categories receive invitee status and the corresponding duty of reasonable care.
Supporting sources
No. Public invitee status arises from an invitation to enter land held open to the public for that purpose, regardless of whether an admission fee is charged. Free tours, seminars, and community events create the status when the possessor advertises or opens the premises accordingly.
Supporting sources
Public invitee status creates a special relationship that imposes an affirmative duty on the possessor to exercise reasonable care to protect entrants from physical harm, including inspecting for and remedying dangers and providing assistance when harm occurs. This duty exceeds the limited obligations owed to licensees or trespassers.
Supporting sources
Yes. A person who enters land during the time and in the space held open for a public event may qualify as a public invitee even if the entry is incidental to another's participation, provided the presence aligns with the purpose for which the land was opened to the public.
Supporting sources