Potentially. And this is the thing that we look at quite a bit in premises liability cases. The key test is did the owner have a notice or the defective condition or the bad condition and the opportunity to fix it.
The classic example is water on a floor inside of a department store and how long that water had been there. So if someone spills a cup of water right in front of you, and there was no time for the store owner to do anything about it, then probably no liability. On the other hand, if there’s an erosion and a pothole in a parking lot that’s been there for quite some time and you break your leg in that pothole or injure your foot, then they’re probably going to be liable for that.