Property owners have legal obligations to protect the people who visit their premises or their properties from known hazards. There are three types of people who can visit a farm as stipulated by the laws. The first category is the licensee. These individuals visit a property for their benefits and not for the benefit of the property owner. The next group is the invitees or those people who are invited by the property owners. The last category is the trespassers who not informed the owner of the property concerning their presence within the property. The law levies the owner of a property with different obligation depending on the categories mentioned. In the case study, Amanda could benefit more if she claimed that she was an invitee. As invitees, the property owner has obligations to inform Amanda of the reasonable dangers that she would be exposed to while touring the garden. In this case, the case is treated in this manner because there is an assumption that Amanda's presence in the garden directed benefited the Garden owner. Since she was not certain of any danger, the Landowner has a heavy obligation to ensure that Amanda is safe and in this case, she would receive better compensation for her injury.
The defendant would rebut this case by citing the fact that he or she did not receive any benefit from Amanda. All these would depend on whether part of the landlord received the money that Amanda paid to the Garden club. In case Landowner was funded by the club for the tour on these matters, the only thing the Landowner need to do is to shoulder the obligation and compensate Amanda because the law places the entire burden on him or her. However, if the Landowner did not get payment, then he or she has a good case and can win this case. He or she needs to claim that the visit was not in any way, providing any benefit to him or her. In this manner, the law will treat Amanda as either trespasser or a licensee. The Landowner will still have some obligation; however, the responsibility would be lesser as compared to a situation where Amanda receives an invitee treatment.
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The property owner has a duty which he or she owes both the licensees and the invitees. The primary duty, in this case, is protection. The property owner must protect any person who comes in his or her property either as an invitee or a licensee. The owner must ensure that he or she first ensure that the environment is free from hazards which may pose a danger to either of the visitors. In this sense, it is an implication that there is a need for risk assessment to ensure that the place is free from hazards. Further, the owner must inform either of the visitors some of the dangers or risks which they need to be aware of while on the premises or the property. These would mean placing a warning sign in areas where the visitor should be careful. The property owner owes the invitee the highest level of care as per the laws that guide their relationship. The law claims that the property owner is directly benefiting from the visits by the invitee. In this case, the property owner has the entire legal obligation to protect these types of visitors. In case of an injury, the owner owes them the highest level of care as stipulated in the laws.
