Was the person who got hurt supposed to be there? If the answer is yes because the property owner invited them in for business, public access, or another expected purpose, they are often considered an invitee. A classic example is a customer in a store, a patient at a clinic, or someone entering a building that is open to the public. Broadly, an invitee is a visitor whose presence benefits the property owner or falls within the purpose for which the place is held open.

That label matters because it helps explain what kind of care a property owner or occupier may owe. In many states, an invitee is owed a higher level of attention than a trespasser, including reasonable inspections and warnings about dangerous conditions the owner knew about or should have found. In a premises liability claim, the question often becomes whether the owner failed to fix, guard, or warn about a hazard that put lawful visitors at risk.

In New Mexico, the old visitor categories carry less weight than they once did. Bober v. New Mexico State Fair (1991) pushed courts toward a general duty of care based on ordinary care under the circumstances, rather than rigid labels alone. Even so, whether someone was invited onto the property can still help show foreseeability, the owner's responsibilities, and whether a strong negligence claim exists.