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Legal Definitions - invitation

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Definition of invitation

In the legal field of negligence, particularly concerning property ownership, an invitation refers to actions or circumstances created by a property owner that reasonably lead others to believe they are welcome to enter, remain on, or use the property. This can be an explicit request or an implied encouragement, often for the mutual benefit of both parties or primarily for the benefit of the property owner.

When someone is on property due to an invitation, they are typically considered an invitee, and the property owner generally owes them a higher duty of care to ensure the premises are safe compared to other types of visitors.

  • Example 1: Retail Store
    A large supermarket displays its merchandise, has an "Open" sign illuminated, and provides shopping carts at its entrance. These actions constitute an implied invitation for potential customers to enter the store, browse, and make purchases. The supermarket owner benefits from potential sales, and customers benefit from accessing goods. Because customers are invitees, the store owner has a legal duty to keep the premises reasonably safe, for instance, by promptly cleaning up spills or ensuring aisles are clear.

  • Example 2: Public Event on Private Property
    A private art gallery hosts a free public exhibition, advertising it widely through local media and opening its doors to visitors during specific hours. By advertising the exhibition and opening its doors, the gallery owner extends an explicit invitation to the public to enter and view the art. While there might not be a direct charge, the gallery benefits from exposure, goodwill, and potential future sales. Visitors are therefore considered invitees, and the gallery owner has a legal obligation to ensure the premises are reasonably safe for them, such as by maintaining clear pathways and secure exhibits.

  • Example 3: Professional Services Office
    A law firm maintains a reception area and meeting rooms, with clear signage indicating its presence and business hours in a commercial building. The firm's setup and signage represent an implied invitation for clients, potential clients, and other legitimate visitors to enter the premises for business purposes. Both the firm (seeking to provide services) and the visitors (seeking legal advice or conducting business) benefit from this arrangement. Consequently, the law firm owes these invitees a duty to maintain a reasonably safe environment, such as ensuring the waiting room furniture is stable and hallways are well-lit.

Simple Definition

In the law of negligence, an "invitation" refers to a property owner's actions that encourage or entice others to enter, remain on, or use their property. It encompasses any conduct that reasonably leads someone to believe the possessor wants them to be present.

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