The duty owed depends on the particular circumstances of the case. Thus, a person owes a greater degree of care to someone who has been invited to a premises (an invitee) than to a trespasser.
Some states distinguish between the degree of care owed to business guests or invitees and that owed to social guests to whom a lesser degree is required. If the person's premises is readily accessible to children, there may be a requirement for greater care to them than to adults.
Courts in some jurisdictions are rejecting the distinctions among invitees, licensees and trespassers and are substituting foreseeability and reasonable care as a basis for determining liability. The degree of care required depends on the nature of the activities conducted by the individual or firm, and the type of product being handled.
A higher degree of care is expected from one who keeps a lion on premises than from another who has a house cat. Similarly, a person who manufactures a motorcycle is expected to take more precautions to prevent its causing injury than the person who manufactures office supplies.
The degree of care expected in each instance is commensurate with the risk involved. For example:
Because Ariel and Lana were on a public sidewalk, their degree of care was the same.
If the accident occurred in a store owned by Lana, Lana would have a very high degree of care for Ariel because she would be a customer and an invitee.
If Ariel was a vendor at Lana's store, the degree would be less because she would be on his premises for her own interests as well as Lana's.
If Ariel entered the store after hours, Lana would have very little degree of care because Ariel would be a trespasser.
The location of an accident and the relationship of the parties involved in the accident help to determine negligence.