Dangerous Property Conditions
Property owners owe visitors a duty of care that varies with the visitor's status and the nature of the premises. In practice, most contested premises cases turn on notice: whether the owner knew or should have known about the hazard and had a reasonable opportunity to address it.
Proving notice usually requires evidence that disappears quickly. Surveillance video is overwritten on a routine cycle, frequently within thirty days. Incident reports, maintenance logs, and prior complaints about the same condition are held by the defendant and must be demanded before there is any obligation to preserve them.
Inadequate Security Claims
Where an assault occurs on commercial property, the question is whether the owner failed to provide security reasonable for the foreseeable risk. Foreseeability is usually established through the history of criminal activity at that location and in the immediate area.
These are difficult cases and they are defended aggressively, often by shifting attention to the criminal actor. They are also among the most consequential premises matters, because the harm involved is typically severe and the conditions that permitted it frequently remain in place afterward.
