In the event that you slip and fall, your commercial or residential property allows you to be compensated for any injuries you might sustain. We call this a general proposition premise liability case. In a premise liability cases we typically have to show that one of three things has happened with respect to the defendant. If it’s not the owner, it’s the person that is responsible for taking care of the premises.
The first thing that we need to show is that the individual or the company knew that there was a dangerous or defective condition on the property and failed to remedy it. That would require us to show knowledge on the part of someone who is in power, and that sometimes is very difficult.
The second thing that we can show is that they should have known that there was a defect in the property. And essentially what we do in that situation is that we need to show that the defect occurred or existed for a period of time, by doing so that they should have known, as that they were looking around they would have known it was there or that they created the condition.
Oftentimes it will happen when establishments are mopping up, or putting signs up, where they’ve created a dangerous condition that’s causing injury to an individual. Once we are able to show one of those three factors ,then the insurance company for the establishment would step in, in an attempt to try to resolve these cases.