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. .jpeg)
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.
