What duty of care does a property owner owe to visitors in New York?

What the Law Says

New York law does not impose a uniform duty of care on property owners. Instead, the duty depends on the legal status of the person entering the property — classified as an invitee, licensee, or trespasser. This classification determines what the owner must do to avoid liability for injuries.

An invitee is someone who enters the property for a purpose connected with the owner’s business or for a mutual benefit — such as a customer in a store. Property owners owe invitees the highest duty: to inspect for and correct known or reasonably discoverable dangerous conditions.

A licensee is someone who enters with permission but for their own purposes — like a social guest. Owners owe licensees a lesser duty: to warn of known, hidden dangers — but no duty to inspect.

For undiscovered trespassers, New York generally imposes no duty of care. However, if the owner knows or should know trespassers are present, they must avoid willful or wanton injury. Special rules apply to children under the 'attractive nuisance' doctrine.

Statutory Text

The duty of a landowner to a person who comes upon the land is determined by the status of that person as a trespasser, licensee or invitee.

— Basso v. Miller, 40 N.Y.2d 233, 241 (1976)

Statutory Text

An invitee is one who goes upon the premises of another in answer to an express or implied invitation for the mutual advantage of both parties.

— Moch v. Rensselaer Water Co., 247 N.Y. 160, 167 (1928)

What Courts Have Said

New York courts have consistently held that the landowner’s duty flows from the visitor’s status — rejecting a universal 'reasonable person' standard in premises liability cases.

What to Do

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