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.

Personal Injury

Pedestrian Accidents Premises Liability Product Liability Medical Malpractice Nursing Home Abuse Dog Bite Injury Wrongful Death

Motor Vehicle Accidents

Car Accidents Truck Accidents Motorcycle Accidents Bicycle Accidents Distracted Driving Drunk Driving Accidents

Family Law/Divorce

Contested and Uncontested Divorce Child Support Child Custody and Visitation Mediation Guardianship Prenuptial Agreements

Workers’ Compensation

Lost Wages Medical Needs Medical Bills Compensation For Scarring/Disfigurement Compensation For Permananet Impairment Vocational Services

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.