The Hidden Hazard: When Does a Property Owner Have a Duty to Warn?

When it comes to premises liability, the owner’s responsibility to protect you often comes down to their duty to warn you about potential dangers that may lead to a New Haven slip and fall accident. The extent of this duty depends on why you were on the property in the first place, which determines your legal status.

The Three Categories of Visitors

Courts generally divide people who enter property into three classes, each owed a different level of care:

1. Invitees (Highest Duty of Care)

• Who they are: People invited onto the property for the owner’s business or mutual benefit (e.g., customers in a store, guests at a hotel, patients at a doctor’s office).
• Duty to Invitees: The owner owes the highest duty of care. They must actively inspect the property for hidden defects, fix any hazards they find, and, if they cannot fix them immediately, warn the invitee with adequate signs or barriers.

2. Licensees (Medium Duty of Care)

• Who they are: People who are on the property for their own purposes with the owner’s consent (e.g., a neighbor who stops by for a chat, a salesperson, a utility worker).
• Duty to Licensees: The owner is generally only required to warn them about known, hidden dangers that the licensee is unlikely to discover on their own. The owner is typically not required to inspect the property for unknown dangers.

3. Trespassers (Lowest Duty of Care)

• Who they are: People who enter the property without any right or permission.
• Duty to Trespassers: The owner generally owes no duty except to refrain from intentionally harming them. (Note: The exception is often made for children under the “attractive nuisance” doctrine, which applies to things like swimming pools or old equipment that might entice a child).

The Bottom Line: If you were shopping or conducting business (an invitee), the owner had a high legal duty to ensure your safety and provide clear warnings, and your case will be stronger.