Duty of Reasonable Care (Premises)

Duty of Reasonable Care (Premises)

Duty of Reasonable Care (Premises)

States adopting a unitary standard require possessors to exercise reasonable care toward all lawful entrants, with the entrant's status relevant to what care is reasonable rather than determining the duty owed.

Trespassers frequently remain subject to reduced duties.

Alternative Names:

Unitary Duty Standard, Reasonable Care Standard (Premises)

Why it Matters?

The merger eliminates the classification fight but does not eliminate the underlying considerations, since foreseeability of the entrant's presence and the purpose of the visit still inform what care was reasonable. The practical effect is that licensees receive invitee-level protection, including the benefit of inspection duties and constructive notice theories. Confirming which framework the jurisdiction applies is a threshold research question in every premises case.

Frequently Confused with

Related terms

Frequently asked questions

What changes under a unitary standard?

What changes under a unitary standard?

Licensees receive invitee-level protection including the benefit of inspection duties, so constructive notice becomes available against them.

Do trespassers benefit?

Do trespassers benefit?

Usually not. Most states adopting a unitary standard for lawful entrants retain reduced duties toward trespassers.