Also known as: trespasser, licensee, or invitee · trespasser · licensee · invitee · trespassers · licensees · invitees · occupiers liability categories · premises liability entrants
Written by attorneys · grounded in primary & secondary sources — see below
The traditional common-law classification of persons who enter upon land in the possession of another. A trespasser enters or remains without any privilege created by consent or otherwise. A licensee enters or remains only by virtue of the possessor's consent. An invitee enters or remains as a public invitee or business visitor.
Tiana Tan obtained permission from Threshold Capital to cross its private road to reach a neighboring parcel. After Tiana began driving across the road, Threshold Capital revoked permission and ordered her to leave immediately. Tiana continued driving across the road after the revocation.
Travis Tate walked onto Tundra Resources' fenced parcel believing a public trail ran through it. The parcel carried clear no-trespassing signs. Travis had no permission from Tundra Resources and remained on the land after seeing the signs.
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Tobias Thomas discovered Thaddeus Tran inside Tidal Energy's secured generator building after hours. Tobias knew that physically removing Thaddeus would expose Tobias to serious injury from exposed high-voltage equipment. Tobias refrained from using force to eject Thaddeus.
Thomas Thompson received permission from Torchlight Media to store equipment on its studio lot for one week. Torchlight Media terminated the permission on day three. Torchlight Media allowed Thomas two full days to remove his equipment before barring further access.
Tanner Thompson entered a storage room at Tidal Energy's facility after an employee told him the room was off-limits to visitors. Tanner had no other basis for entering the room. Tidal Energy had not consented to Tanner's presence there.
Tiana Tan installed permanent irrigation lines on Threshold Capital's land after Threshold Capital assured her the license would last five years. Threshold Capital attempted to revoke the license after two years. Tiana continued using the lines to the extent needed to recover her installation costs.
The classification determines the duty owed. Landowners owe invitees the duty of reasonable care to protect against known or discoverable dangers. Licensees receive a lesser duty limited to warning of known hidden dangers. Trespassers receive the lowest duty, typically limited to avoiding willful or wanton injury.
Supporting sources
An invitee enters either as a public invitee for a purpose for which the land is held open to the public or as a business visitor for a purpose directly or indirectly connected with business dealings with the possessor. A licensee enters only with bare consent and without the mutual economic or public benefit that characterizes an invitee.
Supporting sources
No. Intentional entry onto land in the possession of another creates trespasser liability even when the entrant acts under a mistaken belief of law or fact, however reasonable, that is not induced by the possessor.
Supporting sources
…pathways along the railroad right of way — that is a longitudinal pathway as distinguished from a crossing — are to be deemed trespassers; and that the railroad is not liable for injuries to undiscovered trespassers resulting from its negligence, unless it be wanton or wilful. Tompkins denied that any such rule had been…