An owner or occupier of land owes duties to those who come onto it, historically graded by the visitor’s status.
Invitees enter for a purpose connected with the occupier’s business. The duty is to exercise reasonable care, including to inspect for and warn of or correct dangerous conditions the occupier knows of or should discover.
Licensees enter with permission for their own purposes. The duty is to warn of known dangers not obvious to them.
Trespassers are owed a duty to refrain from wilful or wanton injury, with exceptions for known frequent trespassers and for attractive nuisances affecting children.
Modern trend. Several states have abandoned the categories in favour of a general reasonable care standard, with status one factor among many.
Open and obvious conditions. Traditionally no duty to warn, though many states impose a duty to remedy where harm is anticipated despite obviousness. This doctrine has been narrowed in several jurisdictions recently.
Notice. The claimant must generally show the occupier created the condition, knew of it, or should have known through reasonable inspection. Inspection logs are the defence.
Contractual allocation. Leases assign responsibility for areas and conditions, and the lease governs between the parties without limiting the injured person’s claim against either.