An injury alone does not establish responsibility.
A claim may depend on the duty owed, who created or controlled the condition, what was known, and how the condition caused harm. Actual notice concerns what was known; constructive notice concerns what should have been discovered under the circumstances.
Records that can matter
Incident reports, prior complaints, inspection and maintenance records, and surveillance can help explain the history of a condition.
What if the owner says it was obvious?
That can be a significant legal issue. Ohio’s open-and-obvious doctrine can eliminate a landowner’s duty, as discussed in Armstrong v. Best Buy. Lighting, sightlines, and surrounding circumstances deserve review; they do not automatically defeat a defense. Pennsylvania requires its own analysis.
Slip and fall injuries
A fall can leave you managing treatment, missed work, and questions about responsibility.
Read moreHazardous building conditions
Broken stairs, damaged walkways, and loose railings can put visitors at risk.
Read moreInadequate maintenance
The history behind a dangerous condition can matter.
Read moreNegligent security
After an assault, you may have questions about a property’s safety measures.
Read more