Condition of the Property
If you go in front of a judge in a court case, something they may ask you is, “What was the condition of the property when you entered upon it?” The standard of care says that, if you were invited onto the property such as a case where you are a shopper in a store, the owner must exercise reasonable care for your safety, unlike if you had been a trespasser. Was there a crack in the floor or oil spilled that caused you to fall? These are conditions that the owner should have been aware of in many situations.
Comparative Fault
One thing that the other party may try to prove against you is that, in some way or form, you might have been responsible for the accident as well. You must be able to exercise reasonable care in regards to your own actions on the property. If you have not acted appropriately, your recovery may be limited due to your own negligence.
Questions Regarding Negligence
There are some things you will have to ask yourself when considering negligence and coming into a premises liability case. This will help prove your case in the courtroom. For example, should the owner of the business have recognized the dangerous condition and repaired the condition before you were able to injure yourself? Was there a routine plan in place to check for hazards on the property? Was there a reasonable justification for the potential hazard to exist? Could the hazardous condition have been made less dangerous through preventative measures?
(1) https://injury.findlaw.com/accident-injury-law/premises-liability-who-is-responsible.html