Section 2: Damages, Defenses, and Special Liabilities

Lesson 3: Special Types of Liability

Imagine that you're out in the wilderness with a friend and you gash your leg with an axe. Your friend cleans and binds the wound as well as she can, but gangrene sets in before you can get to a doctor. Now imagine that you injure your leg in the same way at home and go straight to your local hospital where a doctor sees to your wound. Again, gangrene sets in.

In the negligence actions that ensued, would you expect the doctor to be held to a higher standard of care than your friend? If so, you'd be quite right; doctors, and other professionals, are expected to exhibit an unusually high standard of care while engaged in their areas of expertise.

There are many situations in the area of negligence law like this. Situations where, for one reason or another, special standards are expected and special rules laid down. In this lesson you'll be examining some of these special types of liability.

Occupiers' Liability

Occupiers' liability is the responsibility owed by occupiers of a premises to others who come onto the property they occupy.  How do we define others who come onto occupied property?

1.  Invitee:  We usually think of an invitee as someone who we invite to come to our house for a social visit.   However, in Negligence Law, an invitee is some who is invited to someone's property for the purpose of business dealings. 

2.  Licensee:  In Negligence Law, this is someone who is invited to someone's property for the purpose of a social visit or social gathering. 

3.  Trespasser:  Anyone who enters another person's property without permission. 

Check your knowledge by completing Something to Think About 12 on the next page.