Licensee - Tort Law

Tort law
Part of the common law series
Intentional torts
  • Assault
  • Battery
  • False imprisonment
  • Intentional infliction of
    emotional distress (IIED)
  • Transferred intent
Property torts
  • Trespass
    • land
    • chattels
  • Conversion
  • Detinue
  • Replevin
  • Trover
Defenses
  • Assumption of risk
  • Comparative negligence
  • Contributory negligence
  • Consent
  • Necessity
  • Statute of limitations
  • Self-defense
  • Defense of others
  • Defense of property
  • Shopkeeper's privilege
Negligence
  • Duty of care
  • Standard of care
  • Proximate cause
  • Res ipsa loquitur
  • Calculus of negligence
  • Rescue doctrine
  • Duty to rescue
Specific types Negligent infliction of
emotional distress (NIED)
  • Employment-related
  • Entrustment
  • Malpractice
    • legal
    • medical
Liability torts
  • Product liability
  • Quasi-tort
  • Ultrahazardous activity
Nuisance
  • Public nuisance
  • Rylands v. Fletcher
Dignitary torts
  • Defamation
  • Invasion of privacy
  • False light
  • Breach of confidence
  • Abuse of process
  • Malicious prosecution
  • Alienation of affections
  • Seduction
Economic torts
  • Fraud
  • Tortious interference
  • Conspiracy
  • Restraint of trade
Liability, remedies
  • Last clear chance
  • Eggshell skull
  • Vicarious liability
  • Volenti non fit injuria
  • Ex turpi causa non oritur actio
  • Neutral reportage
  • Damages
  • Injunction
  • Torts and conflict of laws
  • Joint and several liability
  • Comparative responsibility
  • Market share liability
Duty to visitors
  • Trespassers
  • Licensees
  • Invitees
  • Attractive nuisance
Other common law areas
  • Contracts
  • Criminal law
  • Evidence
  • Property
  • Wills, trusts and estates
Portals
  • Law

The term is used in the USA law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. The status of a visitor as a licensee (as opposed to a trespasser or an invitee) defines the legal rights of the visitor if they are injured due to the negligence of the property possessor (not necessarily the owner).

Where licensees are present, activities conducted on the land by or at the behest of the owner of the land must be conducted with the care that a prudent person would show. A duty to warn arises if there is a harmful condition on the land that is hidden from the licensee, so long as the landowner knows of this condition. The licensee falls between the anticipated or discovered trespasser and the invitee on the sliding scale of tort liability assessed to landowners. Whereas the anticipated trespasser needs to be protected from known manmade conditions capable of causing death or serious injury, the licensee must be warned of all known dangers. However, unlike an invitee, a licensee has no standing to sue for dangerous conditions that "should have been" discovered by the property owner but were not actually known to the owner.

Under traditional common law, a property possessor (not necessarily the owner) has no duty whatsoever to trespassers. Some states retain the traditional common law rule, while other states, such as California, have imposed a reasonable duty of care toward all people who enter a property.

Even states that have retained the traditional common law rule regarding the absence of duty towards a trespasser may impose a duty of care towards certain kinds of trespassers. For example, a dangerous condition may effectively invite children to come onto the property. Such an attractive nuisance may impose a duty of care even towards trespassers.

Historically, emergency workers – police and firefighters – have been considered licensees. However, they are barred from recovering from injuries caused by inherent risks of their jobs. Generally such injuries are instead covered by worker's compensation.

Read more about this topic:  Licensee

Famous quotes containing the word law:

    All men, in the abstract, are just and good; what hinders them, in the particular, is, the momentary predominance of the finite and individual over the general truth. The condition of our incarnation in a private self, seems to be, a perpetual tendency to prefer the private law, to obey the private impulse, to the exclusion of the law of the universal being.
    Ralph Waldo Emerson (1803–1882)