In a premises liability case, we usually look at three things. It has to do with what a business is supposed to do to protect its customers, and they are pretty basic rules. The first thing that a business owner is supposed to do is to make sure that there is no condition at their store or restaurant or whatever that is needlessly dangerous for their customers- that’s the first thing. Now, sometimes there are things that are dangerous that they just can’t do anything about. If that is the case, then the safe thing to do is to protect their customers against those dangerous things or warn their customers against those things. Like putting up the cones before they mop the floor- it’s a basic thing, right? When those things fail, the customer is at risk. They are not going to understand the floor has just been mopped. They are not going to understand the board is loose, and they end up getting injured. The first thing I do in any premises liability case is look at whether the business has followed the fundamental principles of safety, meaning: Have they tried to keep their place safe? Have they warned their customers about things that are unsafe that they can’t help? That is always the first thing we look at.
More Frequently Asked Questions Videos