This will be a civil suit; theory is negligence where the standard is 1) Was there a duty owed the plaintiff; 2) Did the defendant(s) breach that duty?; 3) Was the breach of duty the proximate cause of injury or damages to plaintiff; 4) what is the injury or damages? The applicable "test" regarding the breach of duty would be what a reasonable person or entity would have done in the situation, and since this is an action on property, whether the land owner knew, or should have known, of the potential hazardous condition.