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Premises Liability: invitee vs. licensee

In a recent SC Court of Appeals case, LeFont v. City of Myrtle Beach, the court analyzed premises liability (you might remember this vaguely from property class). In this case, a plaintiff tripped and fell on pothole on city property. There was an issue about which law was applicable, but essentially the court of appeals only ruled on “traditional premises liability analysis” and not on the Tort Claims Act (15-78-60(15)).


The first test is whether or not the defendant was negligent:


To determine negligence, you first need to see what type of duty was owed. This is based on the classification of the injured person (invitee, licensee, trespasser, etc.)


Additionally, licensee vs. invite:


Before damages can be awarded, the plaintiff has to show proximate cause or that defendant was on constructive notice of the dangerous condition: