Quick Tip: Slipping and Falling into Fall
As we welcome the first day of fall, it’s the perfect time to talk about something you might literally fall into—both in real life and on the bar exam—slip and fall scenarios! With fall comes slick leaves, rainy sidewalks, and yes, the potential for premises liability questions. Let’s take a moment to review a commonly tested topic on the bar: the duties owed by owners and occupiers of land.
Under the traditional rule followed in many jurisdictions, the duty owed by a landowner or occupier for dangerous conditions on their property depends on the legal status of the plaintiff—whether they are a business invitee, a licensee, or a trespasser.
Business Invitees vs. Licensees vs. Trespassers
For a business invitee, think of a customer entering a store—a person who is there for the landowner’s benefit. What sets an invitee apart from a licensee is the reason for entering the land. An invitee enters to benefit the landowner, while a licensee (such as a social guest) enters for their own purpose or business.
Here’s a quick breakdown of the duties owed to each type of entrant:
To an Invitee:
✅ Duty to Warn and Make Safe – The landowner must warn of or make safe any non-obvious, dangerous conditions they know about.
✅ Duty to Make Reasonable Inspections – In addition to warning, landowners owe invitees the additional duty of conducting reasonable inspections to discover dangerous conditions and making them safe.
To a Licensee:
For a licensee, such as a social guest, the landowner’s duty is more limited:
✅ The landowner must warn of or make safe dangerous conditions they are aware of, but they are not required to inspect for unknown dangers or proactively fix them.
To a Trespasser:
The duty owed to a trespasser depends on whether the trespasser is discovered or anticipated:
✅ Undiscovered Trespassers: Landowners owe no duty to an undiscovered trespasser, as they are not foreseeable plaintiffs.
✅ Discovered or Anticipated Trespassers: If a trespasser is discovered or anticipated, the landowner must warn of or make safe highly dangerous artificial conditions that the trespasser is unlikely to discover on their own.
Premises liability issues have appeared on Multistate Essay Examination questions in July 2015 and July 2021.
So, on this first day of fall, remember—whether you’re dodging slippery sidewalks or answering Torts questions—understanding premises liability and the duties of landowners is key.
Stay sharp and don’t let these concepts slip away!
