Premises liability cases are not the same as auto accident injury cases. You as the claimant must be able to prove that what you tripped on was not just old and warn but that it was in a dangerous condition...a hazard. The premises own must have had a reasonable opportunity (time)to discover the dangerous condition. Being old and worn will infer that the owner of the premisis (the mall in your case) time to discover the condition. That being said being worn, used or even old does not in and of...
Premises liability cases are not the same as auto accident injury cases. You as the claimant must be able to prove that what you tripped on was not just old and warn but that it was in a dangerous condition...a hazard. The premises own must have had a reasonable opportunity (time)to discover the dangerous condition. Being old and worn will infer that the owner of the premisis (the mall in your case) time to discover the condition. That being said being worn, used or even old does not in and of...