Duties Owed by Owners & Occupiers of Land

This flow chart walks through the appropriate rules to use in the “Duty” section of a negligence analysis when the defendant is an owner or occupier of land. Your first task in a negligence hypothetical in which the defendant is a landowner is categorize the plaintiff as a trespasser, licensee, invitee, or lessee. After categorizing the plaintiff, apply the appropriate rule. Each category of plaintiff is color-coded in the chart below to make it easier for you to follow the analysis.