One of the most difficult aspects of slip and fall claims is determining whether or not a duty was owed to the injured party. This is often referred to as a notice requirement.The individual making the claim has to prove that the property owner had actual notice to remedy the situation.

A property owner may be held responsible if there is evidence that proves the dangerous condition existed for an unreasonable amount of time, and that a person exercising reasonable care would have and should have discovered it. An example of this would be if it had been raining for many days prior to a slip and fall accident and the business owner did not place a mat near the entrance of the store to keep customers safe when walking through the door.

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