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DE · jury_instructions

Del. P.J.I. Civ. § 15.1

Business Owner’s Duty to Public/Business Invitees

activein force · 2025-10-22 – presentcompiled-edition

BUSINESS OWNER / LANDOWNER’S

DUTY TO PUBLIC / BUSINESS INVITEES

A [business owner / landowner] owes a duty to the public to see that the areas

of the premises ordinarily used by customers are kept in a reasonably safe condition.

With this duty, the [business owner / landowner] is responsible for injuries that are

caused by defects or conditions that the [business owner / landowner] had actual

notice or that could have been discovered by reasonably prudent inspection.

Under the law, a [business owner / landowner] is not an insurer of the safety

of an invitee. Mere ownership does not make one liable for injuries sustained by

persons who have entered on land, even though the owner has invited them to enter.

The [business owner / landowner]’s liability to an invitee for unintentional injuries

must be based on negligence; and the law does not presume that the owner was

negligent merely because the invitee was injured while on the premises.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
civ-2025-10-22
Content hash
00db35a7d6f45cd389a02c30d846cb319a43ca3d62a9131ee81533ba50dec340
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