A property owner is negligent when he or she has failed to exercise reasonable care in maintaining a property. This means taking the care that a reasonable person would to make sure the property is safe. To prove negligence in a premises liability case, the injured party must prove that the dangerous condition that existed on the property is something the owner knew about or should have known about.
Is it possible to prove a property owner knew or should have known about a dangerous condition? Yes, but it is almost always necessary to hire an attorney who has experience with premises liability cases in order to do so. A property owner is expected to regularly inspect his or her property for dangerous conditions that may arise. A good attorney will thoroughly investigate the situation and determine if the property owner really was negligent in his or her maintenance of the property. It must be determined that the injury was foreseeable and that any reasonable person would have noticed there was a dangerous situation present.