Dakota sued Mariah for the tort of occupiers' liability in a jurisdiction that still used the traditional common law rules (as opposed to the judicially modified common law rules).The court held that Mariah was required to protect Dakota from unusual dangers that Mariah should have known about.It therefore is most likely that Dakota was classified as a

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The traditional common law rules classify a visitor on land as either a trespasser, a licensee, or an invitee. The court's holding that Mariah had a duty to protect Dakota from unusual dangers indicates that Dakota was not a trespasser (who are typically owed no duty of care), but rather either a licensee or an invitee. Licensees are generally owed a duty of care with regards to any known dangerous condition on the land, while invitees are owed a higher duty of care with regards to both known and unknown dangerous conditions that the landowner reasonably should have known about. However, since the court specifically stated that Mariah was required to protect Dakota from "unusual" dangers, and not just any known dangers, it is most likely that Dakota was classified as an invitee.

Dakota Sued Mariah for the Tort of Occupiers' Liability in a Jurisdiction