Negligence can occur in the form of an action or a failure to act. The central issue is whether the landowner or business operator acted in a reasonable manner under the circumstances. Premises liability cases can be very fact specific. Timing is often critical in determining whether the defendant used proper care. The nature of the dangerous condition is also essential.
For a property owner to be held liable, the plaintiff must show that the defendant or an employee of the defendant created the danger. The plaintiff must show that the hazardous condition existed long enough for the defendant to know about and act upon the threat. If the defendant was aware, there is an obligation to take reasonable steps to reduce the risk of an accident or injury.