Licensee

by admin on February 8, 2010

Licensee

The licensee is a person who is invited to get in and remain on the premises for any purpose besides a business or commercial one with the express or implied permission of the owner or person in control of the premises. A social guest will be considered to be a licensee, not an invitee.

Generally, a possessor of premises is responsible for physical harm suffered by the licensee because of a condition on the premises if, however only if, the claimant establishes the following three elements:
1. The possessor knew or should have known of the condition, should have realized that it involved an unreasonable risk of harm to the licensee, and ought to have expected that the licensee may not discover or realize the danger;
2. The possessor failed to exercise reasonable care to make the condition safe, or to warn the licensee of the condition and the connected risk;
3. The licensee did not realize or have reason to realize the condition and the connected risk.

For example, if the homeowner knows that a step leading to a basement is broken but would not appear to be broken to a reasonably observant individual, the homeowner might be liable to the guest who, without notice of the broken step, is injured because the step gave way.

If you are an licensee and have suffered injuries on another’s property, contact a Macon, Georgia premises liability law firm.

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