In order to successfully file a claim after you have fallen at a commercial property requires proof that the liquid was present long enough for the property owner to find it and remove it. Proving this fact can be a difficult evidential issue.

However, a second legal theory allows proofs that the operators “mode of operation” probably caused the condition. For example, if dishes or glassware is routinely carried through a particular area of a restaurant, it’s assumed that spills are likely to occur in this location and it is no surprise for the owners that these areas need more frequent inspection and clean up.

Thus, the owner is “on notice” of the problem because his workers are creating it and he has to be attentive to keeping this problem at bay and the area safe and dry.