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3.9-3 Status of Parties - Licensee
Revised to January 1, 2008
A licensee is a person who is
privileged to enter or remain on land only by virtue of the possessor's consent,
that is, with the possessor's permission or with the possessor's express or
implied consent. A person who is a licensee has certain privileges that a
trespasser does not have. A possessor of land owes no duty to a licensee to
keep the premises in a safe condition, because the licensee must take the
premises as (she/he) finds them and assumes the risk of any danger arising out
of an obvious condition. If the possessor of the land has knowledge of the
licensee's presence on the premises, the possessor must use reasonable care 1)
not to subject the licensee to danger, and 2) to warn the licensee of any
dangerous conditions that the possessor knows about but which the licensee could
not reasonably observe.
A possessor of land is liable for
bodily harm caused to a licensee by a natural or artificial condition, if a) the
possessor knows of the condition, realizes that it involves an unreasonable risk
to the licensee and has reason to believe that the licensee will not discover
the condition or realize the risk, and b) invites or permits the licensee to
enter or remain on the land, without exercising reasonable care 1) to make the
condition reasonably safe, or 2) to warn the licensee of the condition and the
risk involved.
If the possessor engages in activities
or active operations on the land, there is a duty to exercise reasonable care
for the protection of the licensee, that is, to act with due regard for the
possibility that the licensee may be present.
Authority
Notes
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