One of the most important determinations in an Indiana slip-and-fall case is the status of the injured party. Visitors are classified into three categories, invitees, licensees, and trespassers. Under Indiana premises liability law, the highest duty is owed to invitees, who are guests who are invited onto the landowner’s property for the landowner’s benefit. Invitees most often are guests who are visiting for business purposes, such as customers. When it comes to the duty owed to an invitee, an Indiana landowner must make reasonable efforts to clear any known hazards on their property or at least warn the invitee of the known hazard.
On the other end of the spectrum are trespassers. For the most part, Indiana landowners do not owe trespassers a duty. However, the landowner cannot willfully or maliciously cause a trespasser harm. Occupying the middle ground between invitee and trespasser is the licensee. A licensee is someone who has either express or implied permission to enter a property, and does so “for his own convenience, curiosity, or entertainment.” The most common licensees are social guests, including friends and family members.
Landowners owe a duty to licensees to refrain from “acting in a manner to increase their peril.” A landowner also has a duty to warn licensees of any known dangers on their property. A recent state appellate decision discussed a landowner’s potential liability to a social guest who was injured on his property.