A property owner owes guests and visitors a certain duty of care to ensure their safety and enjoyment. When this duty of care is breached and it causes a person injury, they may be liable for negligence; that is the premise of a premises liability lawsuit. There are a few types of entrants that can be distinguished: invitees, licensees, and trespassers.
Invitees are considered to be people invited to the property or there for the benefit of the property owner. Invitees can be delivery people, people shopping at a store, or people hired to do work on their property. Licensees are people that are on the property for their own amusement, and not there for the property owner’s financial benefit. Licensees can be friends, family, or religious missionaries. Trespassers are those who were not invited to a property but still enter without the owner’s consent.
In Illinois, invitees and licensees are owed the same high level of duty of care, whereas generally in the country, invitees have a higher duty owed to them. Trespassers are owed no duty of care. The exception to this rule may be if the trespasser is a child. Also, the property owner cannot willfully and wantonly seek to injure trespassers. Nonetheless, the duty of care should generally not be breached for people on another’s property. If it is, you may have a viable case for premises liability.
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