status. “In a case ... in which the legal relationships are not precisely defined, the attempt to pigeonhole the parties within the traditional categories of the common law is both strained and awkward.” Id. at 438, 625 A.2d 1110 (referring to the relationship between a real estate agent and a potential customer on premises for an open house); see also Mounsey v. Ellard, 363 Mass. 693, 297 N.E.2d 43, 57 (1973) (Kaplan, J., concurring) (“[I]t is sometimes just as hard to distinguish trespassers from licensees or invitees, as to distinguish licensees from invitees.”); Kristin K. Woodward, Note, Owners and Occupiers of Land Now Owe Those Lawfully on Their Premises a Duty of Reasonable Care Under Heins v. Webster County, 250 Neb. 750, 552 N.W.2d 51 (1996), 76 Neb. L.Rev. 184, 198 (1997) (<HOLDING>); Strenkowski, supra, 33 Ark L.Rev. at 205
holding that the burden is on the plaintiff recognizing states heavy burden of establishing that the waiver was intelligently made recognizing burden recognizing that distinguishing trespassers from nontrespassers is a heavy burden recognizing that there is no litmuspaper test for distinguishing a consensual encounter from a  seizure