If you’re injured on someone else’s property, one of the first questions that may come up is simple: Why were you there?
Maybe you were delivering a grocery order. Maybe you were invited to a friend’s house. Or maybe you entered an area without the property owner’s permission.
Traditionally, people entering someone else’s property have been classified as invitees, licensees, or trespassers. Those terms describe the circumstances that brought someone onto the property, but in Louisiana premises liability, your legal status is only part of the story.
Louisiana courts do not simply assign you one of these three labels and use it to decide whether a property owner is liable for your injuries. Instead, Louisiana law looks more closely at the circumstances surrounding the accident, the condition of the property, and whether reasonable care was exercised.
Here’s what each classification means, and how Louisiana law actually approaches injuries that happen on someone else’s property.
What Is an Invitee?
An invitee traditionally refers to someone who enters property through an express or implied invitation, often for a purpose connected to the property owner’s interests.
Think about everyday situations like:
- A customer shopping at a grocery store
- A patron eating at a restaurant
- A customer entering a business for an appointment
Being lawfully invited onto a property, however, does not mean the property owner is automatically responsible if you get hurt.
Louisiana has specific requirements for certain claims involving merchants. Under Louisiana Revised Statute 9:2800.6, merchants must exercise reasonable care to keep their aisles, passageways, and floors reasonably safe.
For certain fall claims against merchants, an injured person must prove several elements, including that:
- the condition presented an unreasonable and reasonably foreseeable risk of harm
- the merchant created the condition or had actual or constructive notice of it
- the merchant failed to exercise reasonable care
So, even in a familiar situation like slipping and falling in a store, being an invited customer is not enough by itself to establish liability.
What Is a Licensee?
A licensee traditionally refers to someone who has permission to be on another person’s property but is generally there for their own purposes rather than for a business-related reason.
A common example is a social guest visiting a friend’s or family member’s home.
Historically, being classified as a licensee could affect what duty a property owner owed you. But Louisiana no longer relies on that label alone.
In the 1976 case Shelton v. Aetna Casualty & Surety Company, the Louisiana Supreme Court considered the case of a woman who was injured after falling while on property owned by her son. Rather than deciding the case based solely on whether she was a “licensee” or “invitee,” the Court looked at the circumstances surrounding her fall and whether the property owner failed to act reasonably.
So, permission to be on someone’s property can matter, but being considered a licensee does not automatically determine whether the property owner is responsible for an injury.
What Is a Trespasser?
A trespasser generally refers to someone who enters or remains on property without the owner’s permission or other legal authority.
This could include entering private property without permission, entering a restricted area without authorization, or remaining on property after permission has been withdrawn.
But what happens if someone is injured while trespassing? Does that automatically mean they have no case?
Not necessarily.
In Cates v. Beauregard Electric Cooperative, Inc., the Louisiana Supreme Court considered a case involving a teenager who was seriously injured after climbing a utility pole on private property and coming into contact with an electrical wire. The Court explained that a property owner’s responsibility should not be determined solely by whether someone is labeled an invitee, licensee, or trespasser. Instead, the circumstances surrounding the accident and whether reasonable care was exercised matter.
That does not mean trespassing is irrelevant. Why someone was on the property and what they did can still factor into the analysis. So, just as being invited onto a property does not automatically establish liability, being there without permission does not automatically settle the question either. The circumstances surrounding the injury still matter.
So, What Actually Matters in a Louisiana Premises Liability Case?
Louisiana premises liability cases are highly fact-specific. Rather than beginning and ending with whether someone was an invitee, licensee, or trespasser, the analysis may consider questions such as:
- What dangerous condition existed?
- Who owned or had custody of the property?
- Did the owner or custodian know, or should they reasonably have known, about the condition?
- Could the danger have been prevented through reasonable care?
- Did the owner or custodian fail to exercise reasonable care?
- Why was the injured person on the property, and what were they doing at the time?
- Did the injured person’s own actions contribute to the accident?
In other words: why you were on the property can matter, but it’s only one part of determining whether someone may be legally responsible for your injury.
If you’ve been injured because of a dangerous condition on someone else’s property, Saunders & Chabert can help you understand how Louisiana law may apply to your situation. Contact our team to set up a free consultation to discuss your case.
