Liability Suit Involving Duty Of Homeowner To Business Invitees

Recently, a Connecticut personal injury suit sought to determine what duties are owed to a business invitee by a homeowner. Anyone invited onto land or property for the purpose of business is a business invitee. In this particular case, the business invitee was a person the homeowner invited to assist in the performance of electrical work.

The suit stemmed from the plaintiff falling through an opening in the third floor of an uninhabited home. At the time, the home was under renovation and the invitee fell through the hole, causing him to sustain severe personal injuries. He filed a negligence claim against the homeowner.

The district court ruled that as a business invitee, the plaintiff could not recover damages. The court ruled that the invitee was aware of the renovations and the potential dangers involved.

The plaintiff appealed the ruling, saying that even though an open and obvious danger requires no warning, there is still a duty for the property owner to inspect and maintain the premises in order to ensure that they are reasonably safe.

The appellate court reversed the district court’s ruling, saying that the lower court had not properly ascertained whether or not the owner had reasonably inspected and maintained the premises.