The court concluded that the state disingenuously attempted to avoid the requirements for pretrial notice by characterizing the decedent as a mere "business invitee
" and arguing that the claim was, in fact, not a medical negligence or medical malpractice claim "arising out of the rendering of, or the failure to render, medical care or services." The court rejected the argument on the grounds that it flew in the face of logic.
cannot or should not know of by the use Business Invitee
A person who is of reasonable care.
A business invitee
"is a person who is invited to enter or remain on the land for a purpose directly or indirectly connected with business dealings with the possessor of the land." ...
A business invitee
is a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land.
He maintained that the hospital as a landowner, owed a duty to him as a business invitee
. He argued that a landowner owes two duties to a business invitee
: (1) to use reasonable care in maintaining its premises in a reasonably safe condition; and (2) to give the invitee warning of concealed perils that are or should be known to the landowner and that are unknown to the invitee.
Also, Scott was within the class of persons who could foreseeably be injured by the defendants' violations of federal safety regulations because he was a business invitee
of the defendant.
In practical effect, this means that if your business has a retail component or provides professional services in which business invitees
will come to your offices, it must keep the premises safe for all business invitees
who visit the property.
Girerd further asserted that defendants "breached the duty of care owed to its business invitees
by failing to properly maintain the gas pumps and failing to remove metal fragments jutting from the islands."<br />"At the motion hearing, defendants argued that the allegedly dangerous condition was open and obvious, citing Girerd's deposition testimony that 'he had no problem seeing' the metal when he looked down after cutting himself.