Guide · Tort

Premises Liability: A Comprehensive Guide to Duty, Notice, Dog Bites, and Negligent Security

42 U.S.C. § 12182

Type
Guide
Jurisdiction
National
Date
2026-02-21
Topic
Tort

This guide covers premises liability from the duty analysis through settlement. Part 1 sets out the traditional entrant classifications and the modern shift toward a unitary reasonable care standard. Parts 2 and 3 cover the notice requirement that decides most cases, including constructive notice, the mode-of-operation rule, and the evidence that proves duration. Part 4 covers the defenses in the order defendants raise them. Part 5 covers evidence preservation and spoliation, which is where cases are won or lost before anyone files. Parts 6 through 9 cover specific settings: retail, snow and ice, stairs and code violations, landlords and tenants, dog bites, and negligent security. Part 10 covers government property and the short notice-of-claim deadlines. Parts 11 through 14 cover discovery, experts, damages, and the property owner's prevention program.

Premises Liability: A Comprehensive Guide to Duty, Notice, Dog Bites, and Negligent Security

Tort > Premises Liability | Published 21 February 2026 - Updated 14 August 2026 | UpLaw - uplaw.us

Premises liability is a body of law about knowledge. Almost every case reduces to the same question: did the person who controlled this property know, or should they have known, about the condition that caused the injury, and did they act reasonably in response?

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