Licensee

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This article is about the common law concept of a licensee; see here for information on licenses
Tort law
Part of the common law series
Intentional torts
Assault  · Battery  · False imprisonment
Intentional infliction of
emotional distress (IIED)
Consent  · Necessity  · Self defense
Property torts
Trespass  · Conversion
Detinue  · Replevin  · Trover
Dignitary torts
Defamation  · Invasion of privacy
Breach of confidence  · Abuse of process
Malicious prosecution
Alienation of affections
Economic torts
Fraud  · Tortious interference
Conspiracy  · Restraint of trade
Nuisance
Public nuisance  · Rylands v. Fletcher
Negligence
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence
Rescue doctrine  · Duty to rescue
Specific kinds of negligence
Negligent infliction of
emotional distress (NIED)
In employment  · Entrustment
Malpractice
Duty to visitors
Trespassers  · Licensees  · Invitees
Attractive nuisance
Strict liability torts
Product liability  · Ultrahazardous activity
Liability, defences, remedies
Comparative and contributory negligence
Last clear chance  · Eggshell skull
Vicarious liability  · Volenti non fit injuria
Ex turpi causa non oritur actio
Damages  · Injunction
Common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public,[verification needed] because the owner of the property has allowed the licensee to enter. The status of a visitor as a licensee (as opposed to a trespasser or an invitee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner.

Where licensees are present, activities conducted on the land by or at the behest of the owner of the land must be conducted with the care that a prudent person would show. A duty to warn arises if there is a harmful condition on the land that is hidden from the licensee, so long as the landowner knows of this condition. The licensee falls between the anticipated or discovered trespasser and the invitee on the sliding scale of tort liability assessed to landowners. Whereas the trespasser needs to be protected from known conditions capable of causing death or serious injury, the licensee must be warned of all known dangers. However, unlike an invitee, a licensee has no standing to sue for dangerous conditions unknown to the property owner.

Historically, emergency workerspolice and firefighters — have been considered licensees. However, they are barred from recovering from injuries caused by inherent risks of their jobs. Generally such injuries are instead covered by worker's compensation.