Evidence to Help Prove an Owner Was Aware of a Dangerous Property Condition

One of the most difficult parts of a slip and fall injury case is proving that the owner knew (or should have known) that the hazard existed. However, once it is established that the owner had constructive knowledge of the dangerous condition, it becomes much easier to demonstrate that he did not take appropriate measures to warn visitors and remedy the problem.

Gathering Proof That a Property Owner Was Aware of a Dangerous Condition

While property owners can be held liable for injuries that occur on their land or in their businesses, it is the victim’s responsibility to show that the owner was negligent. In Rhode Island, premises liability laws state that landowners may be responsible for an injury “provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition.”

Victims may be able to establish a property owner’s constructive knowledge of a hazard through:

Time requirements.

Property owners must be given a reasonable amount of time to discover the dangerous condition in order to have the opportunity to correct it. Footage from surveillance cameras or video taken by other visitors may show that a condition was allowed to exist for hours before the injury occurred.

Foreseeability.

The dangerous condition must be of a nature that would be obvious to a reasonably careful person. Photos of the accident scene, including the size and location of the hazard, can establish that an owner should have noticed it.

How We Can Help You

When choosing a lawyer, you deserve a firm that has dedicated itself to understanding and fighting for the justice you need. Kirshenbaum & Kirshenbaum doesn’t spread itself thinly by “dabbling” in a lot of different areas. We put our primary focus in personal injury and family law in order to ensure expertise in both areas.

Witness testimony.

If the injury occurred on commercial property, there is a chance that employees and other customers reported the hazard to the property owner days or even weeks before the accident occurred.

Code violations.

Injury victims may be able to prove negligence if the dangerous condition was in violation of a safety statute or building code. For example, if you suffered a fall in the stairwell of your apartment building, you may have a valid claim against the building owner for a violation of a residential building code involving stair height, ceiling height, or proper stairway illumination.

Related links:

Christopher L. Russo [email protected]

Helping Rhode Island personal injury victims for nearly three decades to get the compensation they deserve.

Request a Consultation Today

We have the experience and skills in personal injury, workers’ compensation, family law, and business law that you need. Please complete the form below and we will contact you shortly.

Name *

Phone *

Email *

Tell Us More

Contact Opt In

Disclaimer: I am using this form to contact Kirshenbaum & Kirshenbaum regarding a potential legal matter. By providing my phone number to Kirshenbaum & Kirshenbaum, I agree and acknowledge that Kirshenbaum & Kirshenbaum may send text messages to my wireless phone number for the purpose of discussing this legal matter. Message and data rates may apply. Kirshenbaum & Kirshenbaum will only send the necessary amount of SMS text messages in reply to your submission. We will not send numerous/unrelated messages to you, and you will be able to opt-out at any time by replying “STOP”. Privacy Policy: No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. *

Offices

Warwick Office

117 Metro Center Blvd. Suite 1003
Warwick, RI 02886
Phone: 401-946-3200
Toll Free: 888-591-9976
Location Details
Directions