As with all slip and fall cases and premises, we have to show one of three things: one, that the owner of the establishment or the party having responsibility over the area knew of the condition or in exercise of reasonable care they should have known of the condition. In a case such as wet floors, we often can show that the condition was created by the establishment.
Oftentimes, the employees of the establishment are involved in cleaning up areas like mopping things, and at that point we are required to show that there is appropriate signage and is to alert people who they have invited onto the premises that there is a condition that could cause a slip and fall. If we are unable to show that they actually created the condition, the next thing to show is that the employees actually knew of the condition or someone alerted them to it.
Finally, we can show that they should have known of the condition which is generally done by showing that someone else had seen the same condition prior to the time that the individual had fell. We can also do that by showing things like, if there is ice and there’s melted water, which would take some time to become melted water. In addition, we have the ability to obtain surveillance video found on these establishments.
So once a new case comes in, we immediately issue subpoenas or letters to the establishment to preserve that data so that we can use it later on.