With any personal injury claim, finding negligence in a premises liability case depends on proving the following four elements:
Duty: It must be shown that the property owner had a duty to keep guests safe by maintaining their property so that visitors would not be harmed.
Breach of duty: Knowingly failing to maintain safe conditions can constitute a breach of duty.
Injury: The unsafe conditions resulted in injury to a visitor.
Causation: The injury occurred as a direct result of the owner’s failure to correct the hazardous condition.
In other words, if the property owner knew of a potentially dangerous condition, or reasonably should have known about it, and their failure to correct it resulted in someone getting hurt, they can be sued for negligence.