Visitor Types in Tennessee Premises Liability Cases
Quick answer: Tennessee historically classified visitors as invitees, licensees, and trespassers. However, Tennessee abolished the distinction between invitees and licensees for determining the duty owed to lawful visitors. Property owners generally owe lawful visitors reasonable care under the circumstances, while different rules apply to trespassers.
If you’ve been injured on someone else’s property in Tennessee, the outcome of your case may depend on a single question: why were you there? Tennessee premises liability law assigns every visitor a legal classification, and that classification determines how much protection the law extends to you.
Understanding the types of visitors in premises liability cases matters for both property owners and injured parties. Property owners need to know what their legal obligations are, and injured visitors need to understand whether they have grounds for a claim. If you need help determining how viable your claim is, the premises liability attorneys at Bill Easterly & Associates can help.
What Are the Types of Visitors in Tennessee Premises Liability Cases?
Tennessee law once recognized three distinct visitor classifications: invitees, licensees, and trespassers. Today, Tennessee premises liability law generally distinguishes between those who enter property with permission and those who are trespassers. Knowing how this changed, however, can explain how premises liability law became what it is today. Each came with a different standard of care that property owners were legally required to meet.
What Was an Invitee Under Tennessee Premises Liability Law?
Tennessee abolished the old term invitee in 1984, in Hudson v. Gaitan. Instead of specifying whether someone was invited onto a property for a business or commercial purpose, it was outlined that a homeowner had to maintain a standard of care for their property. This new standard of care included:
- Reasonable Care: Property owners must use reasonable care under all circumstances for anyone who enters the property with consent. Their safety with regard to the property’s hazards is always the property owner’s concern.
- Equal Protection: Social guests (formerly called licensees) and business customers (formerly labeled invitees) receive the same basic duty of safety now.
- Foreseeability: Owners must act reasonably to fix or warn people about dangerous conditions they know about or should know about. An example of this would be a loose step or a wet floor.
The old system would suggest an invitee was someone invited onto a property for a business or commercial purpose that benefits the property owner. Common examples included grocery store shoppers, restaurant patrons, hotel guests, and hired contractors or workers.
Invitees used to receive the highest duty of care under old Tennessee premises liability law. Property owners must actively inspect their premises for hidden dangers, fix unsafe conditions promptly, and provide clear warnings about any hazards they knew, or reasonably should have known, about. Failing to meet this standard can create legal liability if an invitee is injured as a result.
What Is a Licensee, and How Does the Duty of Care Differ?
A licensee used to be someone who entered a property with express or implied permission, but for personal or social reasons rather than for any business benefit to the owner. Social guests at a house party and neighbors who stop by for a visit were both considered licensees. With current law, much like the term invitee, licensee is no longer used. Those who visit the property with permission, whether it is for social reasons or business purposes, are owed the same duty of care.
The duty of care owed to licensees originally sat in the middle ground. Property owners were not required to actively inspect the premises for hazards they don’t already know about. However, they were obligated to warn licensees about known dangerous conditions that are not immediately obvious. A loose floorboard hidden under a rug, for example, would need to be disclosed.
What Duty of Care Does a Property Owner Owe a Trespasser?
A trespasser is someone who enters or remains on a property without any form of permission, express or implied. Because their presence is unlawful, trespassers receive the lowest duty of care.
That said, property owners are not entirely without obligation. Tennessee law prohibits owners from setting traps or intentionally harming a trespasser.
One significant exception involves child trespassers and the doctrine of attractive nuisance. If a feature of the property, such as an unfenced swimming pool, is likely to draw children onto the property, the owner may be held to a higher standard of care, even if the child had no legal right to be there.
How Does Visitor Classification Affect a Tennessee Premises Liability Claim?
Visitor classification can become a central issue in premises liability cases in Tennessee. The same injury, in the same location, can lead to very different legal outcomes depending on whether the injured person is a guest or classified as a trespasser. If they are a minor, this only gets even more complicated.
Determining that classification requires a close look at the circumstances of entry, the reason for the visit, and any permission, explicit or implied, that was granted.
Get Help From Bill Easterly & Associates
If you were injured on someone else’s property in Tennessee, understanding where you stand legally is the first step toward protecting your rights. While there are currently only two types of visitor classification still in use in Tennessee, the visitor classification assigned to you can shape the entire direction of your case.
Bill Easterly & Associates helps victims of premises liability in Tennessee navigate these legal complexities and pursue the compensation they deserve. Contact Bill Easterly & Associates today to discuss your case.
Frequently Asked Questions
Can a Trespasser File a Premises Liability Claim in Tennessee?
Generally, trespassers have limited legal recourse. However, if the property owner intentionally caused harm or set a trap, liability may arise. Child trespassers may also have stronger claims if an attractive nuisance, such as an unfenced pool, was involved.
Does Visitor Classification Apply to Both Public and Private Properties?
Yes. Whether the property is a commercial business, a rental unit, or a private home, Tennessee premises liability principles can apply to both public and private properties, although the specific duty owed depends on the circumstances, including whether the person was lawfully on the property or was trespassing.
