There are two significant hurdles a plaintiff must clear when bringing a premises liability claim: First, there must be proof that a “hazard” existed on the defendant’s property that caused the plaintiff’s injury; and second, the plaintiff must show the defendant had “actual or constructive knowledge” of this hazard.
Green v. Big Lots Stores, Inc.
Here is a recent example in which a plaintiff managed to clear the first hurdle but not the second. This case, Green v. Big Lots Stores, Inc., involves a slip-and-all accident that occurred in August 2015. The plaintiff and his wife went to the defendant’s store to do their grocery shopping. They entered the store just as it was opening for the day. According to the plaintiff, he noticed a store manager “pushing a push broom in the aisles.”