In order to recover from defendants for the death of his daughter Carmela, plaintiff must show defendants breached the standard of care owed to her. The standard of care of defendants depends upon the status of the decedent, whether she was an invitee, a licensee or a trespasser. 106 N.C. App. In the original complaint, plaintiff alleged his daughter was a guest of defendants, and in the amended complaint plaintiff alleged she was a licensee. Plaintiff has never contended Carmela was an invitee.
Defendants contend plaintiff' s daughter was a trespasser.
A licensee is one who enters the premises with the possessor's permission, express or implied, solely for her own purposes rather than for the possessor's benefit. A social guest in a person's home is considered a licensee. 113 N.C. App. A trespasser, on the other hand, is a person who enters another's land without permission. The property owner or possessor of the premises owes a licensee the duty to refrain from doing her willful injury and from wantonly and recklessly exposing her to danger.