A lawful visitor is a guest that the property owner invites to enter and remain on a property. An invitation for a property visitor can be explicit or implied. For example, the owner of a business does not need to explicitly invite each and every customer; the nature of a business establishment implies that all customers are welcome guests and lawful visitors. A lawful visitor has permission to be on a premises and did not force entry or trespass. According to Texas’ premises liability laws, there are two types of lawful visitors:
Invitee
This is someone the landowner invites onto a property for commercial purposes. Examples include customers at a business. Invitee is the highest level of visitor and receives the greatest standards of care from a property owner. In Texas, a property owner owes invitees the following duties: 1) to repair known hazards, 2) to check for unknown hazards, and 3) to warn of existing hazards.
Licensee
This is someone who also has the landowner’s permission to enter, but does so for the licensee’s purposes, such as a contractor, salesperson, or social guest. Property owners also owe licensees duties of care, but to a lesser degree than invitees. A property owner must still repair known hazards and warn visitors, but does not have the obligation to check for hidden hazards prior to a licensee entering the property.
Unlawful visitor
This is someone who enters the property without the owner’s invitation or permission to be there. Another word for an unlawful visitor is a trespasser. In Texas, property owners do not owe any duties of care to trespassers other than a duty not to cause them intentional harm. If the trespasser is a child under the age of 18, however, the landowner has a duty to keep the premises reasonably safe. This can mean covering pools, locking gates, and putting up fences to keep wandering children away from potential hazards.