The standard of care owed by an owner/occupier of land to a person who entered the land depends on whether the person who entered was an invitee, licensee, or a trespasser.
(1) An invitee is either a public invitee or a business visitor.
(2) A public invitee is a person who is invited to enter or remain on the land as a member of the public for which the land is held open to the public.
(3) A business visitor is a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land.
Restatement (Second) of Torts ? 330. A Licensee is a person who is privileged to enter land by virtue of the possessor's consent. Id.
Section 343 of the Restatement (Second) of Torts sets forth the duty owed to invitees:
A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if, but only if, he
(a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and
(b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and
(c) fails to exercise reasonable care to protect them against the danger.
Myers v. Penn Traffic Co., 414 Pa.Super 181, 606 A.2d 926 (1992), appeal denied, 533 Pa. 635, 620 A.2d 491 (1993). An owner/occupier of land is required to use reasonable care to make the land safe as it appears, or to disclose to licensees the risks they will encounter.
An owner/occupier of land is liable for harm caused to licensees by a condition of the land if: the owner/occupier of land knows or has reason to know of the condition, should realize that it involves an unreasonable risk of harm, and should expect that the licensees will not discover or realize the danger, and; the owner/occupier fails to use reasonable care to make the condition safe, or to warn the licensees of the condition and the risk involved, and; the licensees do not know or have reason to know of the condition and the risk involved.
Long v. Manzo, 682 A.2d 370 (Pa. Super. 1996), app. Denied, 693 A.2d 967 (Pa. 1997).
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