Also known as: business visitor · business invitee
Written by attorneys · grounded in primary & secondary sources — see below
A category of invitee consisting of a person invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land.
Sean worked as a courier delivering time-sensitive court documents to a law firm tenant in an office building owned by Frontier Firm. He entered the common corridor to reach another tenant's suite. His presence advanced the business operations of the building's tenants through document delivery services. Frontier Firm's failure to repair a known carpet hazard injured Sean while he performed this task.
A street vendor entered an amphitheater through an unlocked side gate during festival setup to sell snacks to attendees. National Media had left the gate open specifically to allow access for vendors and staff preparing for the event. The vendor's commercial activity connected directly to the festival's business operations. His status turned on whether the entry aligned with the organizers' commercial purposes.
Select any source to read its text and confirm it supports the definition.
Sophie entered leased office space as an IT consultant with Park Advocacy's consent to address network issues. Metro Law owned the building but had hired a contractor to secure cables in the tenant's area. Sophie tripped over loose cables left by the contractor. Her business purpose connected to dealings that benefited the tenant's operations on the premises.
Luis entered a leased pier as a dock worker invited by Gulf Tide Seafood to handle cargo operations. Marina Docks owned the pier and had contracted to maintain its structural safety through an independent contractor. A repaired section collapsed and injured Luis during his work. His presence served business dealings between the tenant and the pier owner.
Bobby Brady entered a big-box store owned by Benson Motors to purchase automotive parts during regular business hours. Store employees had arranged displays to facilitate sales transactions with the public. Bobby tripped on an unstable display while selecting merchandise. His entry occurred for a purpose tied to commercial dealings with the store possessor.
A business visitor enters for a purpose tied directly or indirectly to business dealings with the land possessor. A public invitee enters as a member of the public for a purpose for which the land is held open to the public. The distinction determines the scope of the possessor's duty of care.
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A delivery person qualifies when the entry serves a purpose connected with business dealings between the visitor and the possessor or a tenant. Courts examine whether the visit advances commercial activity on the premises. The Restatement focuses on the connection to business rather than the visitor's exact role.
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A possessor owes a business visitor the duty to exercise reasonable care to keep the premises safe for the visitor's presence. This includes warning of known dangers and inspecting for hazards that the visitor might not discover. The duty arises because the visitor confers an economic benefit on the possessor.
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A social guest remains a licensee unless the visit also serves a business purpose connected to dealings with the possessor. The classification turns on the primary reason for entry rather than incidental commercial activity. Mixed purposes require examining the dominant motive for the invitation.
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…266 [4 L.Ed.2d 697, 705, 80 S.Ct. 725, 78 A.L.R.2d 233]; 2 Harper and James, The Law of Torts, supra , 1430 et seq.; Prosser, Business Visitors and Invitees , 26 Minn.L.Rev. 573; Marsh, The History and Comparative Law of Invitees, Licensees and Trespassers , 69 L.Q.Rev. 182, 359.) The courts of this state have also recognized the…