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Legal Memorandum: Status of Salesperson as Licensee or Invitee

Issue: Cases in which a salesperson was found to be licensee, and cases in which a salesperson was found to be invitee.

Area of Law: Personal Injury & Negligence
Keywords: Salesperson; Licensee or invitee
Jurisdiction: Federal, Multistate
Cited Cases: 130 So. 2d 785; 612 So.2d 1162; 633 A.2d 705; 638 P.2d 914
Cited Statutes: None
Date: 02/01/2006

  Included here is a list of citations with short parentheticals in the above-referenced issue.  The case law generally follows the reasoning that although a salesperson on a retail establishment’s premises to engage in business dealings with the owner is a business invitee, an itinerant or soliciting salesperson is a licensee.  All cited cases have been KeyCited on Westlaw to confirm that they are currently valid.

List of Citations

Status of salesperson as licensee or invitee

Cases in which salesperson was found to be licensee:

Singleton v. Jackson, 935 P.2d 644 (Wash. Ct. App. 1997) (door-to-door solicitor was licensee)

Bidiman v. Gehrts, 890 P.2d 436 (Or. Ct. App. 1995) (insurance salesperson who was injured on insured’s residential premises was licensee, not business invitee)

Britt v. Allen County Cmty. Junior Coll., 638 P.2d 914 (Kan. 1982) (sales representative who arranged for use of lecture hall at college and was injured was licensee, where her primary motive in arranging speaker was to sell her products and college received no benefit)

Dobrin v. Stebbins, 259 N.E.2d 405 (Ill. App. Ct. 1970) (magazine salesman bitten by property owner’s dog was licensee, not trespasser)

Malatesta v. Lowry, 130 So. 2d 785 (La. Ct. App. 1961) (itinerant salesman was licensee)

Cases in which salesperson was found to be invitee:

Case v. Wal-Mart Stores, Inc., 13 F. Supp. 2d 597 (S.D. Miss. 1998) (status of vendor’s employee, assigned to work full-time on merchant […]

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