Trespassers, licensees, and invitees… What’s the difference? Part 2

Licensees are the second of three distinct types of entrants recognized under Indiana law. This post will discuss the definition of a licensee, and the duty of care owed to them by the landowner or controlling party of the premises.

Licensees, like trespassers, enter the land of another for their own convenience, curiosity, or entertainment and take the premises as they find them. However, licensees are different from trespassers in that licensees have the privilege to enter or remain on the land by the landowner’s permission or acceptance of the licensee’s presence. This is different from an invitee, where an invitation conveys a landowner’s desire for a person to enter their property rather than simply permitting them to enter. This distinction is crucial for determining premises liability. Landowners as well as tenants and other people with the authority to exercise control over the property can be held responsible for injury to an entrant.

            While both trespassers and licensees take the premises as they are when entered, licensees are owed a higher duty of care than trespassers. A landowner has a duty to warn licensees against any known dormant or hidden danger on the premises and must refrain from willfully or wantonly injuring the licensee. Willful or wanton conduct includes a disregard of a known risk that the licensee cannot reasonably be expected to anticipate.

It is important to note that Indiana also recognizes the “fireman’s rule.” Under this rule, a professional firefighter who enters onto property to respond to a fire is deemed a licensee, and is entitled to the same duty of care from the landowner as other licensees. Accordingly, a landowner who is aware of a hidden danger on their land may be liable to a responding firefighter, even if the landowner did not expressly permit the firefighter to enter the property.

If you have questions concerning your liability as a landowner or want assistance understanding your duties, please reach out to one of our attorneys at McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.