What is a Landowner's Duty of Care to Uninvited Persons?

In the New Hampshire Supreme Court order Dean Strang & a. v. Christmas Island Resort Condominium Association & a. (February 23, 2024), the court explored the duties of landowners in terms of premises liability, specifically focusing on the level of care owed to individuals who enter their property. This order is rooted in the principle that all owners and occupiers of land “are governed by the test of reasonable care under all of the circumstances in the maintenance and operation of their property" to prevent harm to those on their premises.

Here, Dean Strang, after being informed by the landowner, Christmas Island Resort Condominium Association, that a gazebo on Christmas Island's property was private and not for his use, was injured when a bench in the gazebo broke as he stood on it. The lower court ruled Christmas Island owed no duty of care to Strang since he was considered to have intruded on the property against the association's will; however, the Supreme Court vacated this ruling, stating a more comprehensive analysis of premises liability was required.

The Supreme Court pointed out a landowner's duty of care involves more than just the character of the person's entry onto the property (e.g., whether they were a trespasser). It necessitates a full premises liability analysis that considers various factors, including the foreseeability of harm. A landowner's duty exists if it is foreseeable an injury might occur due to the landowner's action or inaction. This means duty and foreseeability are closely linked, and a comprehensive evaluation of these elements is essential in determining the scope of a landowner's responsibility.

Moreover, the court emphasized the traditional tort test of foreseeability plays a crucial role in determining the liability or non-liability of the landowner. This suggests a landowner cannot be expected to maintain their premises in a safe condition for individuals who enter against their expressed wishes or without foreseeability of such entry; however, if an injury could reasonably be foreseen as a result of the landowner's conduct or the condition of their property, a duty of care may be owed, regardless of the injured party's status (e.g., invitee, licensee, or trespasser).

In summary, a landowner's duty of care to invited persons (and, by extension, to all entrants under certain conditions) hinges on the principle of reasonable care under all circumstances and the foreseeability of harm. Landowners should conduct risk assessments and maintain their property to mitigate potential hazards that foreseeably could lead to injury, regardless of the legal status of the person on the property.

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