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Classification of Property Visitors

The type of visitors to a property also affects the question of negligence because property owners owe a different duty of care depending on the status of the people who are on their property, i.e., whether they are invitees, licensees, or trespassers.  

Michigan law defines the three visitor “statuses” – and the corresponding duty of care that they are owed – as follows: 

• Invitees are typically customers or clients who enter a property for the owner’s commercial benefit [2]. In these cases, property owners must exercise reasonable care to protect invitees from unreasonable harm caused by dangerous conditions on the premises.[3] This highest level of care requires property owners to actively maintain a safe environment, and address potential hazards promptly.
  
• Licensees are individuals invited to a property for their own benefit, such as social guests or personal visitors. The property owner’s duty to licensees is more limited, and must warn of hidden dangers known to the owner. The key distinction is that the owner must only warn of dangers they are aware of or have reason to know about, and only if the licensee is unaware of these dangers.[4]
• Trespassers enter a property without the owner’s consent. In these cases, the property owner’s duty is minimal and includes refraining from willful and wanton misconduct. They are under no obligation to ensure the trespasser’s safety.