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The notice requirement in premises liability cases

If you have slipped and fallen in a grocery store, or were injured by loose floor tiles in a mall or were assaulted while on hotel property, it is okay to feel as if you want your rights respected and to be compensated for your injuries. After all, owners of retail outlets and other commercial property have a duty to use reasonable care in keeping patrons safe. When they fail to do so, they should be held accountable.

Pursuing a successful negligence case requires proof of several additional elements beside a legal duty to licensees or invitees (i.e. customers). There must be proof that the premises owner failed to use reasonable care in keeping patrons safe. 

This can be proven by showing that the owner did not clear the hazard that led to the accident after it was given reasonable notice of it. An example could be found through security footage showing how the hazard was created and testimony from people showing that they complained to the proper people in charge, which shows that notice was given.

Indeed, a plaintiff must also prove that the failure to use such care was the proximate cause of the plaintiff’s injuries, but clearing the hurdle of proving that a property owner failed to use reasonable care is paramount to a successful negligence claim. Yes, there may be some resistance from a property owner regarding the notice that they ostensibly had, but this may be their burden should they choose to deny that they had it. 

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