Sustaining an injury on commercial or private property does not automatically make the landowner legally liable. Under premises liability law, injured plaintiffs must prove actionable negligence on the part of the property owner or manager.
Core Legal Elements of Premises Liability
- Duty of Care: The property owner owed you a legal duty as a customer, invitee, or lawful visitor.
- Dangerous Condition: A hazardous condition existed on the premises (e.g., standing liquid, broken stairs, unlit walkways, or torn carpeting).
- Notice (Actual vs. Constructive): The property owner either created the hazard, knew it existed (actual notice), or should have discovered and corrected it through reasonable maintenance inspections (constructive notice).
- Causation and Damages: The hazard directly caused your fall and resulting verifiable physical/financial harm.
Preserving Time-Sensitive Surveillance Footage
Commercial establishments routinely overwrite surveillance video footage within 7 to 30 days. Sending a formal spoliation letter via legal counsel demands the immediate preservation of all relevant video and maintenance logs.