invitee

A person is an "invitee" on land of another if

(1) he enters by invitation, express or implied,

(2) his entry is connected with the owner's business or with an activity the owner conducts or permits to be conducted on his land and

(3) there is mutuality of benefit or benefit to the owner. Madrazo v. Michaels, 1 Ill.App.2d 583, 274 N.E.2d 635, 638.

Person who is on property of another for economic benefit of owner or for the economic benefit of both parties. Joseph v. Calvary Baptist Church, Ind.App. 4 Dist., 500 N.E.2d 250, 253.

The leading English case of Indermaur v. Dames laid down the rule that as to those who enter premises upon business which concerns the occupier, and upon his invitation express or implied, the latter is under an affirmative duty to protect them, not only against dangers of which he knows, but also against those which with reasonable care he might discover. The case has been accepted in all common law jurisdictions, and the invitee, or as he is sometimes called the business visitor, is placed upon a higher footing than a licensee. The typical example, of course, is the customer in a store. There is however a conflict of decisions as to whether certain visitors are to be included in the definition of invitee. The minority view is that there must be some economic benefit to the occupier before his duty to the visitor attaches. The majority view holds however that the basis of liability is not any economic benefit to the occupier, but a representation to be implied when he encourages others to enter to further a purpose of his own, that reasonable care has been exercised to make the place safe for those who come for that purpose; e.g. persons attending free public lectures, persons using municipal parks, playgrounds, libraries and the like. The element of "invitation" however must exist.

See also guest

- licensee

- public invitee