What is the duty of the occupier of a house to prevent damage caused by a guest who entered the house without the consent of the homeowner?
Saskatchewan, Canada
The following excerpt is from Maxay v. Ramsey Drugs Ltd., 1991 CanLII 7734 (SK QB):
It is agreed that the plaintiff was a type of visitor known in law as an invitee. The duty owing to such a person was set out in Indermaur v. Dames (1866), L.R. 1 C.P. 274, at 288, per Willes, J.: "And, with respect to such a visitor at least, we consider it settled law, that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger, which he knows or ought to know ..."
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