The Difference Between An “Invitee” And “Trespasser” In Illinois Personal Injury Law
Illinois Premises Liability: Invitees vs. Trespassers
Whether you are considered an invitee or a trespasser can affect a property owner’s legal duty after an accident.
If you are injured on someone else’s property, the owner may be responsible for your medical bills and other losses under Illinois premises liability law. A common example of this would be a customer who slips and falls on a puddle of water in a store and breaks their leg. If the customer can prove the store’s management was negligent in failing to notice and clean up the puddle prior to the accident, the owner can be held legally responsible for the accident.
But a property owner’s liability turns on the legal status of the person who is injured. Illinois law distinguishes “invitees” from “trespassers” for purposes of premises liability. Put simply, an invitee is someone who is on the property lawfully, either for personal or business purposes, while a trespasser is not. The property owner has a duty of care to keep their property in reasonably safe condition for invitees, but only a duty to refrain from “willful and wanton” conduct that might injure a trespasser.
Quick Take
A person’s legal status on someone else’s property can make an important difference in a premises liability case. Illinois law generally imposes different duties on property owners depending on whether the injured person was an invitee or a trespasser.
Invitees and Trespassers Under Illinois Law
An invitee is generally someone who is on property lawfully, while a trespasser is someone who enters property without permission or invitation. The distinction can be particularly important when an accident occurs because of a dangerous condition on the property.
Invitee
Someone who is on the property lawfully, generally with the property owner’s express or implied permission, including for a personal or business purpose.
Trespasser
Someone who enters another person’s property without permission or invitation. Illinois law generally provides a more limited duty of care to adult trespassers.
Illinois Court: “FOR SALE” Sign Does Not Make a Trespasser an Invitee
Determining whether an accident victim is an invitee or trespasser is often a closer question than you might think. A recent Illinois appellate court decision, Ludwig v. B&R Corporation of America, provides a helpful illustration.
Ludwig v. B&R Corporation of America
The case involved a motorcycle accident on private property and a dispute over whether the injured plaintiff was an invitee or a trespasser.
The plaintiff in this case was riding his motorcycle with his friends. They rode onto a property owned by the defendants. While on the property, the plaintiff and his motorcycle fell off a cliff that marked the border between the defendants’ property and a neighboring property.
The plaintiff sustained about $116,000 in economic losses as a result of his accident. He subsequently filed a premises liability lawsuit, alleging the defendants were negligent in failing to warn invitees of the cliff. In response, the defense argued the plaintiff was a trespasser, and therefore the defendants owed him no such duty.
Why the Plaintiff Claimed He Was an Invitee
The plaintiff replied that he was an invitee because the defendants had posted a “FOR SALE” sign on the property and he was visiting as a “potential buyer.”
The trial judge sided with the defendants and granted them summary judgment. The Illinois First District Appellate Court agreed and affirmed that decision.
The Plaintiff’s Argument
The plaintiff argued that the “FOR SALE” sign created an invitation for potential buyers to enter the property. The appellate court, however, determined that the sign alone was not enough to establish that he was an invitee.
Why the “FOR SALE” Sign Was Not Enough
The First District explained that the posting of a “FOR SALE” sign by itself was not enough to make the plaintiff an invitee. During a pre-trial deposition, the plaintiff testified that he had not contacted the defendant in advance to view the property as a potential buyer.
And there was simply no legal authority—in Illinois or any other state, as far as the First District knew—that a “FOR SALE” sign rendered anyone who happened to be on the property an invitee.
What the Court Decided
The court rejected the argument that the “FOR SALE” sign, standing alone, gave the plaintiff invitee status. The circumstances surrounding his entry onto the property were therefore important to the court’s analysis.
The Court also pointed out in a footnote that the plaintiff made $45,000 a year at the time, and the defendants’ property was listed for $5.5 million, making him a most unlikely buyer.
How the Court Analyzed the Case
The dispute over the plaintiff’s legal status can be broken down into several important parts:
The Plaintiff Entered the Property
The plaintiff and his friends rode their motorcycles onto property owned by the defendants.
He Claimed He Was a Potential Buyer
The plaintiff relied on the “FOR SALE” sign and argued that his presence on the property made him an invitee.
The Court Examined the Circumstances
The plaintiff had not contacted the defendants in advance to arrange a viewing of the property.
The Court Affirmed Summary Judgment
The First District agreed with the trial court that the plaintiff was not entitled to invitee status merely because the property had a “FOR SALE” sign.
What This Case Means for Illinois Premises Liability Claims
The Ludwig decision illustrates that determining whether someone is an invitee or trespasser can depend on the specific facts surrounding the person’s presence on the property.
Permission
Whether the injured person had permission or an invitation to enter the property can be an important issue.
Circumstances
A property’s advertising or signage may be considered along with the other circumstances surrounding the person’s entry.
Legal Duty
The legal duty owed by the property owner can depend on whether the injured person is considered an invitee, trespasser, or another category under Illinois law.
Why This Matters
A premises liability case is not determined solely by the fact that an injury occurred on someone else’s property. The circumstances surrounding the accident, including why and how the injured person entered the property, may affect the property owner’s legal duty.
Common Questions About Invitees and Trespassers in Illinois
Contact Illinois Personal Injury Lawyer Baku N. Patel Today
Anytime that an unsafe condition on someone else’s property harms you, it is important to speak with a qualified Champaign premises liability attorney about your right to seek compensation under the law. Attorney Baku N. Patel and his team can review your accident and advise you on the best course of action. Contact us today to schedule a free case evaluation.
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Speak With Patel Law, PC
If you were injured on someone else’s property, our team can review the circumstances of your accident and discuss your legal options.
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