LAW 511-002 – Torts I
Proof of Negligence
There has to be evidence that the defendant knew of the potential hazard for him to be liable.
When the "operating methods" present a continuous or easily foreseeable danger, notice is not needed for an individual event thereof.
To prove negligence of someone's mode of operation being hazardous, one must prove:
- The business had actual or constructive knowledge of a condition on the premises
- The condition posed an unreasonable risk of harm
- The business did not exercise reasonable care to reduce or to eliminate the risk
- The business's failure to use such care proximately caused the plaintiff's injuries