Duties Owed by Landowners/Possessors to People Who Come upon Their Premises
With respect to real property, in Connecticut, liability is imposed upon the possessor of the property, not necessarily the owner, for injuries that occur to someone upon the property. A possessor of land owes each person who enters the land a certain duty of care based on that person's status.
Duty Owed to Trespasser
In Connecticut, the following rules apply to a possessor of land with respect to a trespasser.
1. He may not intentionally harm the trespasser or lay a trap for him.
2. The trespasser is entitled to due care after his presence is actually known.
3. There is no duty owed regarding the condition of the premises.
4. The possessor of land has no duty to trespassers if he is engaged in a dangerous activity until the person's presence is known.
5. The possessor of land has no duty to warn trespassers of dangerous hidden conditions.
Exception for Trespassing Children
Duty Owed to Trespassing Children
Connecticut's appellate courts have adopted an exception to the above rules regarding the duty of a property possessor/ owner to trespassing children.
Under this exception, if an possessor/ owner knows or has reason to know that children will be on his property, he has the duty to protect them from injury by either fixing the harmful condition or ensuring that the children will not have access to that part of the property.
The rule states that a possessor of land is liable for harm to trespassing children caused by an artificial condition on the land if ( 1) the possessor knows or has reason to know that children are likely to trespass in that place, (2) the condition is one the possessor knows or has reason to know and should realize will involve an unreasonable risk of death or serious bodily harm to children, (3) the children because of their youth do not discover the condition or realize the risk, (4) the utility of maintaining the condition and the burden of eliminating the danger are slight compared with the risk to children involved, and (5) the possessor fails to exercise reasonable care to eliminate the danger or otherwise protect children.
Duty Owed to A Licensee
A licensee is someone privileged to enter or remain on land because the possessor consents to it, either by invitation or permission. In Connecticut, the following rules apply to a possessor of land with respect to licensees.
1. He may not intentionally harm the licensee or lay a trap for him.
2. The licensee is entitled to due care after his presence is actually or constructively known.
3. There is no liability owed to the licensee for the obvious condition of the premises but conditions that may be obvious in the daytime may become concealed at night.
4. The possessor of land has a duty to watch out for licensees or tolerated intruders if he is engaged in a dangerous activity.
5. The possessor of land must warn licensees and tolerated intruders of dangerous hidden hazards he actually knows about.
An owner or occupier of land is subject to liability to a licensee for injuries sustained from a natural or artificial condition if he ( 1) knows of the condition, (2) realizes it involves an unreasonable risk, (3) has reason to believe the licensee will not discover the condition or risk, and (4) permits the licensee to enter or remain on the premises without exercising reasonable care to make the condition reasonably safe or warn the licensee of the condition and the risk (Laube v. Stevenson, 137 Conn. 469 (1951)). Certain statutes grant immunity, such as when land is made available for recreational use (see CGS § 52-557f et seq.).
Duty Owed to Invitees
Invitees are generally people who. come on land for a business purpose to the benefit of the land possessor or to the mutual benefit of the visitor and land possessor. The Connecticut Supreme Court described three types of invitees.
1. A public invitee is someone invited to enter or remain on land as a member of the public for a purpose for which the land is held open to the public.
2. A business invitee is someone invited to enter or remain on land for a purpose directly or indirectly connected with business dealing with the possessor of land.
3. A social invitee is someone who is owed the same standard of care as a business invitee (CGS § 52-557 a). The distinction between an invitee and a licensee depends largely on whether the visitor received an invitation, as opposed to permission, to enter or remain on the land. Although an invitation does not establish the status of an invitee, it is essential to it.
The possessor of land owes an invitee all the duties that he owes to a licensee and also: (1) the duty to inspect the premises and erect safeguards, if necessary, to render the premises reasonably safe and (2) he has liability for defects that would ordinarily be discoverable by a reasonable inspection and he has the duty to give a proper warning. But he is not liable to anyone for unknown latent defects, that could not be discovered by the exercise of reasonable care.
Even if he is an invitee, the plaintiff must prove that the defendant had notice, actual or constructive, of the specific defective condition that caused the injury, and that the condition existed for a sufficient length of time to allow the possessor, in the exercise of reasonable care, an opportunity to discover it and fix it or warn of its presence. The possessor of land is not liable for hazards that could not have been discovered or anticipated.