Duty to Licensees

In premises liability, there are three traditional types of individuals that are discussed when determining the duty of the landowner to the individual on his or her property. Of the three groups, a licensee is accorded much more duty than a trespasser is given. At the same time, licensees are afforded less protection than invitees are.

A licensee is an individual who has been given permission to be on a landowner’s property through an invitation or a special license of some sort. The landowner is obligated to warn any licensees of any dangers on the property. In addition, if the licensee is injured on the property, the landowner is responsible for any injuries that occur.

While on the property, a landowner is obligated to take the same level of care that a reasonable person would in preventing injuries to his or her invitees. On the sliding scale of duties, the licensee must be warned of all known dangers but does not need have the ability to sue for dangerous conditions that “should have been discovered” by the property owner. The trespasser needs only to be protected from known, manmade conditions that are capable of causing death or serious injury.

Throughout legal history, emergency workers such as police officers and firefighters have been considered licensees. These individuals are generally barred from recovering for any injuries that occur on the property due to the inherent riskiness of their jobs.

Contact a Philadelphia Premises Liability Lawyer

If you have been injured while on the property of another with permission or an invitation, contact a Philadelphia personal injury lawyer of Lowenthal & Abrams at 215-238-1130 to discuss your case and to determine your legal options.