Article · Tort

It Was Wet and Nobody Said So: How Premises Liability Cases Are Won and Lost

28 U.S.C. § 1346

Type
Article
Jurisdiction
National
Date
2025-09-26
Topic
Tort

Premises liability cases are decided on notice, and notice is decided on evidence that disappears within about seventy-two hours. This article explains what a property owner actually owes to a visitor, why the status categories matter less than they used to, and why the phrase most defendants rely on is the one most plaintiffs never anticipate. It follows a hypothetical grocery store fall through the first three days to show which decisions determine the case. It explains constructive notice and the mode-of-operation rule that sometimes replaces it. It covers the preservation letter, without which the video that would have proved everything is overwritten. It addresses dog bites and negligent security, which follow different rules from ordinary hazards. It closes with what these cases are actually worth and why the number is so often smaller than people expect.

It Was Wet and Nobody Said So: How Premises Liability Cases Are Won and Lost

Tort > Premises Liability | Published 26 September 2025 - Updated 9 July 2026 | UpLaw - uplaw.us

At 6:40 on a Thursday evening, Rosa turns into aisle seven at a grocery store and her right foot goes out from under her on a patch of something clear. She lands hard on her left hip and her wrist.

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