Premises liability cases are difficult to prove. To win, the injury lawyer must prove:
1. The owner or occupier of the premises knew or should have known of a dangerous condition on his property
2. The owner or occupier was negligent in failing to remove the condition
3. That negligence probably caused the injured person's injuries or damages
Negligence occurs when a premises owner or occupier fails to exercise ordinary care for the safety of others. Unless the owner or occupier knows of the existence of a dangerous condition, he cannot be held responsible for it being present. The one exception is where it can be proven that he should have known of the condition. It is often impossible to prove how long a dangerous condition (such as a spill in a grocery store) was present, or that any employee of the store knew about the spill. As a result, many premises liability cases are lost. This is often difficult for people to accept, in light of their expectations about safety and the responsibility of business owners.