Most states demand that businesses, regardless of size, take every reasonable action to keep their premises safe for employees and visitors.
The definition of visitors is fairly loose. Basically, it is anyone not employed by the business and covered by its Workplace Injury Insurance (Workers' Compensation).
This means that clients, customers, delivery persons, repair persons, outside maintenance contractors and anyone who comes to the business premises needs protection from foreseeable dangers.
There are different types of people who come into a business and each has a different level of required care for its class of visitors.
Invitee
This is a person whose invitation is explicit (by appointment, for example) or implicit (a customer looks at the goods and services for sale in a shop). A business owner's duty to an invitee is to exercise ordinary care and make the property generally safe without any dangerous conditions.
Licensee
A licensee is not an invitee or trespasser. An example of a licensee is a party who enters the premises for their own convenience or gratification, such as someone ducking into an entryway to avoid the rain. The duty of care is less than for an invitee, and the business is generally liable to a licensee only for willful or malicious harm.
Trespasser
Trespassers enter the premises lacking an implicit or explicit invitation. The only duty of a business owner is typically negative — the business cannot set traps that willfully and maliciously cause a trespasser harm. Many states have an exception: if a business anticipates, suspects, or knows of trespassers it must exercise ordinary care to avoid inflicting injury through active negligence.
Common workplace visitor injuries
Slip and fall accidents. These are the largest cause of visitor injuries and often result from uneven floorboards, extension cords across aisles or doorways, spills or liquids on the floor, and poorly installed or torn carpeting.
Negligent security. Businesses generally owe invitees protection from foreseeable criminal acts when adequate security measures are not provided.
Common locations
- Hotels
- Motels
- Parking garages
- Apartment complexes
Businesses in high-crime areas may need adequate lighting, video cameras, clear warning signs that surveillance is in use, and other measures as appropriate. For a broader discussion of premises and liability risks, see Liability & Workplace Injury Overview.
Attractive nuisance. This legal doctrine often applies to children, even if they are trespassers. For example, hotels with outdoor pools should use fencing, locks, covers, and lighting to reduce the risk that children access the pool after trespassing.
Defective property conditions. Businesses can be liable for dangerous or defective conditions such as faulty elevators or escalators, crumbling stairways, and similar hazards.
Speak with your business insurance advisor about these risks and how to protect yourself, your business, and employees from legal liability for them, or talk to an agent.
Frequently Asked Questions
What duty does a business owe to visitors?
It depends on the visitor type: invitees receive the highest duty of ordinary care, licensees a lesser duty, and trespassers generally only receive protection from willful harm.
What are the most common causes of visitor injuries?
Slip-and-fall incidents, negligent security, attractive nuisances (like unprotected pools), and defective property conditions are among the most common causes.
When can a business be liable for criminal acts on its property?
A business can be liable if criminal acts were foreseeable and the business failed to provide reasonable security measures to prevent them.
How can businesses reduce premises liability risk?
Regular inspections, prompt repairs, clear signage, good lighting, security measures, and proper staff training help reduce risk.