Tort Law: Invitee

An invitee can be either a public invitee or a business visitor. A public inviteee is 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. A business visitor is a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings (economic benefit) with the possessor of the land. Restatement of Torts 2d §332.

“An invitee is a person who enters upon the land of another upon an invitation which carries with it an implied representation, assurance, or understanding that reasonable care has been used to prepare the primises, and make [it] safe for [the invitee's] reception. Thus, an invitee is entitled to the highest level of protection under primises liability law.

A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if the owner (a) knows of, or by the exercise of reasonable care would discover, the condition and should realize that the condition involves an unseasonable risk of harm to such invitees; (b) should expect that invitees will not discover or realize the danger, or will fail to protect themselves against it; and (c) fails to exercise reasonable care to protect invitees against the danger.” Stitt v. Holland Abundant Life Fellowship, 614 N.W.2d 88 (2000).

In Stitt v. Holland Abundant Life Fellowshop, the Supreme Court of Michigan held that “a person who attends church as a guest enjoys ‘unrecompensed hospitality’ provided by the church in the same way that a person entering the home a friend would. Concluding that church visitors who are attending church for religious worship are more like social guests (licensees) than business visitors (invitees).”

Property owners can be held vicariously liable for an injury caused to an invitee by an agent operating on their behalf.

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Tags: Law School, Torts

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