Campbell v. Weathers

Quick Facts

–          A public restroom, in a store, the customer who comes in, and doesn’t buy anything, and gets hurt, is considered an invitee.

–          There needs to be mutual benefit (i.e. a person who has never, and has no intentions of buying something is not an invitee).

–          An invitee is one who is either expressly or impliedly invited onto the premises of another in connection with the business carried on by that other. If one goes into a store with a view of then, or at some other time, doing some business with the store, he is an invitee.


Campbell (Plaintiff) entered Weathers’ (Defendant’s) place of business, loitered in front for 20 minutes, went into a bathroom, and hurt himself while inside…The P, did not buy anything yet, but he has been to the same store, numerous times, and has used the bathroom on numerous occasions.


Must an individual, entering a place of business open to the public, make a purchase in order to be considered and invitee?




A person, that is a long-standing customer, entering a place of business, need not make a purchase in order to be considered an invitee.

Court reasoning

–          In a public place that is used for business, it does not matter, that at the time, when the P was injured, that he did not make a purchase yet…He is still an invitee.

–          The toilet was not a private toilet – everyone can use it, and there has been no signs that point to that the toilet was indeed private – not only customers, but everyone has been allowed to use the toilet.

–          As long as one enters the premises with the intention of making a purchase then, or in the future, that individual is considered an invitee.

–          Analogous to someone shopping, in a place of business for a while, tries on clothes, decides not to buy them, uses the bathroom and then gets hurt.

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