Property owners and businesses have a duty to maintain their premises in a reasonably safe condition and to correct or warn about certain known hazards. However, a fall by itself does not establish negligence.
In claims involving a transitory foreign substance in a business establishment, it generally must be shown that the business had actual or constructive knowledge of the dangerous condition and should have taken action to correct it. Evidence regarding how long the condition existed and whether it occurred regularly may be important.
The evaluation depends on evidence of negligence, knowledge of the hazard, the severity of the injuries, medical expenses, lost income, future needs, and any responsibility attributed to the injured person. There is no automatic or guaranteed amount.
Responsibility may rest with the owner, tenant, manager, contractor, or another entity responsible for the control or maintenance of the area. The answer depends on the contracts, control of the property, and the circumstances of the incident.
The time depends on the investigation, medical recovery, the availability of video and witnesses, the complexity of liability, and whether a lawsuit must be filed. Legal deadlines may be strict, so the investigation should not be delayed.
Do you need guidance regarding a potential case? Contact DAPENALAW to request a free and confidential initial evaluation.
This content is provided for informational purposes only. It does not constitute legal advice or create an attorney-client relationship. Results depend on the particular facts and circumstances of each case.