Thanksgiving is just around the corner now that we’re finally in November. If you've been reading my articles for a while, you'll know that it is one of my favorites. It's a great holiday, often considered a prelude to Christmas, that brings families together to celebrate gratitude, share meals, and create cherished memories. Thanksgiving is a time when relatives and sometimes friends come to your home to enjoy each other's company. However, it's essential to be aware that there are legal distinctions among the people who come onto your property. Depending on their purpose, there are different applicable levels of liability in the unfortunate event that they get hurt.
The Warmth of Thanksgiving
Thanksgiving is a special time when homes fill with the aroma of roasting turkey (along with smoked turkey and deep-fried turkey), my annually anticipated sausage stuffing, the sounds of laughter and storytelling, and the joy of being surrounded by loved ones. It’s a holiday where each family has their own quirky tradition… I watch the Godfather saga each year while cooking for instance. It's a holiday that encourages people to open their homes and hearts to relatives and friends. However, this warm and inviting atmosphere also comes with certain legal considerations when it comes to your responsibility as a homeowner or host.
Distinguishing the Visitors
When guests arrive at your home for Thanksgiving, they can be broadly classified into three categories for legal purposes:
1. Invitees (Business Invitees): Invitees are typically family members and friends you've invited to your home to share in the Thanksgiving celebration. As the homeowner or host, you owe them the highest duty of care. You must maintain your property in a safe condition, warn them of known hazards, and take reasonable steps to prevent accidents.
2. Licensees (Social Guests): Licensees are individuals who have your permission to enter your property for social reasons but may not be invited specifically for the event. You still owe them a duty of care, including warning them of known hazards. (Think delivery personnel, utility workers, etc.)).
3. Trespassers: Trespassers are individuals who enter your property without permission. While you're not expected to invite trespassers or create unsafe conditions intentionally, you generally owe them the lowest duty of care. However, there is an exception known as the "attractive nuisance doctrine," which can apply when children are involved and potentially hazardous conditions exist on your property. (Think trampoline)
This categorization of visitors into three types is broad, but it's not always easy to tell the difference. To figure out whether someone is a licensee or an invitee, we usually need more information about the visit's purpose and who benefits from it, either the property owner or the visitor. But performing this analysis is what lawyers do!
November's Unpredictable Weather
November is historically unpredictable with weather. It can be unseasonably warm, or it can be a time for snowstorms, with ice-covered walkways adding more danger and concern to your company. As a homeowner or host, you should consider weather conditions and take precautions to ensure the safety of your guests.
Snow and Ice Removal: In Pennsylvania, the "Hills and Ridges Doctrine" is relevant to sidewalk maintenance with ice and snow removal. This doctrine recognizes that property owners are not automatically liable for accidents caused by natural accumulations of ice and snow on sidewalks. To be held liable, it must be proven that the property owner's actions, or lack thereof, created an unnatural and hazardous condition. Property owners are, however, responsible for taking reasonable steps to remove or mitigate hazards once they become aware of them. (*It should be noted that the PA Supreme Court is currently reviewing an appeal that raises two questions about the Hills and Ridges Doctrine, particularly its application to business invitees and more specifically, when business invitees are visiting a winter-weather business like a ski-resort! Either way, HART LAW is keeping a watchful eye on this hills and ridges caselaw development*)
Safety Precautions: Given the unpredictability of November weather, it's essential to keep walkways clear of ice and snow and to promptly address any hazardous conditions. Adequate lighting and proper footwear can also contribute to guest safety.
Insurance Coverage: Review your homeowner's insurance policy to understand the extent of your liability coverage. It can help protect you in case of accidents or injuries on your property.
Thanksgiving is a beautiful holiday filled with love and joy, and taking precautions to ensure your home is safe for your guests can help you enjoy the day without legal worries. In the unfortunate event that an accident does occur, consulting with a legal professional experienced in premises liability can provide guidance on how to handle the situation and navigate any potential legal issues. So, as you prepare for this special holiday, remember that safety and legal considerations go hand in hand to create a memorable and trouble-free Thanksgiving gathering. And if an accident does occur, remember to be smart, call Hart.
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