Proving Negligence Under the Legal Standard
In a slip and fall case, a property owner can be held liable for a dangerous condition that they may or may not have created on their property under the legal standard of negligence. The owner may be held liable if it can be proven that:
- A condition existed on the property that posed an unreasonable risk of harm
- The owner or operator of the property had actual or constructive notice of the condition
- The condition was concealed, so the plaintiff was not aware of the danger
- The owner or operator did not exercise reasonable care to repair the condition or reduce the risk posed by the condition
- The failure to exercise such reasonable care caused an injury
It is difficult to prove an owner had constructive knowledge of a condition or that they should have known of the condition. Even showing that a property owner put a foreign substance on the floor, which created a slippery condition, may not be sufficient to demonstrate the owner had actual or constructive knowledge of the existence of the hazard. A dedicated lawyer could help an injured victim prove negligence in a Wylie slip and fall case.