Premises Liability Cases: What elements have to be proved to recover in a premise liability case?
Chicago, IL personal injury attorney Ronald Kalish talks about the elements that must be proved to recover in a premise liability case.
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In a premises liability case, the focus is on the condition of the property. And the question is does that condition of property pose an unreasonable risk of harm to persons who are allowed or lawfully intended to be on that property. To say that another way, if the condition of the property is unsafe or it’s dangerous and you can prove that the owners of the property knew or should have discovered that dangerous condition, those are the elements that need to be proved in a premises liability case. Now, there’s exceptions to that. And basically if the property owner was the person who caused the condition to become dangerous themselves – let’s say a store clerk in a grocery store spills a product while he or she is unloading or loading materials onto the shelves – you don’t have to prove that the property owner knew about the condition. So generally speaking you have to be able to show that the condition of the property poses an unreasonable risk and that the property owners knew or should have discovered that risk or if they created it themselves, you don’t have to prove notice.