Written by attorneys · grounded in primary & secondary sources — see below
An act of admitting or receiving persons onto land. A possessor of land owes no duty to trespassers to prepare the premises for their reception except in limited circumstances involving known constant intrusion or other statutory exceptions.
Sources & Authorities
How it applies
Common Examples
6
Trespasser Falls on Unprepared Lot
Ralph Richardson cuts across Radiance Media's vacant lot to reach a bus stop. He trips on an unmarked excavation left open by the company. Because Richardson is a trespasser, the company owes no duty to prepare the lot for his reception and faces no liability for the resulting injuries.
Landlord's Known Defect Before Public Opening
Royal Crest Hotels leases a storefront to a tenant planning to open a café. The landlord knows the front steps are rotted but does nothing before the tenant admits customers. When a patron falls on the steps on opening day, the landlord is liable because the property was not placed in safe condition for the reception of the public.
Select any source to read its text and confirm it supports the definition.
Statutes
Model Codes
Restatements
Dictionaries
Child Trespasser on Unsafe Playground
Rosalind Reed enters a construction site after hours to retrieve a ball. She is injured by an unguarded trench. The site owner owes no duty to make the area safe for her reception because she is a trespasser and no exception for constant intrusion applies.
Jury Selection and Common-Law Reception
A state court must decide whether a six-person jury satisfies the constitutional guarantee. The court examines whether the jurisdiction's reception of common-law jury practices requires twelve members or permits variation based on historical colonial practice.
Williams v. Florida399 U.S. 78 (1970)
Agency Authority and Statutory Reception
A poultry processor challenges federal regulations as exceeding delegated power. The court analyzes whether Congress intended the agency to receive broad authority to set industry codes or whether the statute limited the scope of any such reception of regulatory power.
A. L. A. Schechter Poultry Corp. v. United States295 U.S. 495 (1935)
Pleading Standards and Judicial Reception
Plaintiffs allege an antitrust conspiracy based on parallel conduct. The court considers whether the complaint supplies enough facts to survive dismissal, applying the standard that governs judicial reception of allegations before any evidence is taken.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Common questions
Frequently Asked
3
Does a landowner ever owe a duty to make land safe for a trespasser's reception?+
A possessor of land generally owes no duty to trespassers to prepare the land for their reception. Liability arises only under narrow exceptions such as constant known intrusion into a limited area or other statutory provisions.
Supporting sources
When is a landlord liable for conditions affecting public reception on leased property?+
A landlord who leases property for a purpose involving public admission is liable for physical harm caused by a pre-existing dangerous condition if the landlord knew or should have known of the risk, expected the tenant to admit the public before repair, and failed to remedy the condition.
Supporting sources
How does the duty regarding reception differ for business visitors versus trespassers?+
Business visitors are owed a duty of reasonable care to make the premises safe for their reception. Trespassers receive no such protection absent an exception, because the possessor has not invited or consented to their presence.
Supporting sources
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…Breuer I, the Commission also referred to a number of instances in which it had approved additions to landmarks: “The office and reception wing added to Gracie Mansion and the school and church house added to the 12th Street side of the First Presbyterian Church are examples that harmonize in scale, material and character with…