Proving Fault in a Premises Liability Claim

Whether you have suffered a slip-and-fall injury, a burn injury, or any other type of personal injury on someone else's unsafe property, you must be able to demonstrate several things in order to have a legitimate premises liability claim: that you were injured, that the injury occurred because of a hazardous condition on someone else’s property, and that the accident occurred because the property owner was negligent in his or her duty to ensure your safety on that property. The laws pertaining to personal injury and liability are complex, and it is best to hire an experienced premises liability attorney who is intimately familiar with these laws.

Proof of the Injury

In cases of catastrophic injury, the damage is obvious. However, if your injury is less severe, or if it has healed since the accident, you will need to obtain proof (i.e. medical records, photographs, and witnesses’ testimonies) of the injury.

Proof of Hazardous Conditions

A hazardous condition may be created by water, ice, or snow, uneven or broken flooring, gaps in the floor, faulty lighting, unmarked stairways, and other conditions. Alternatively, it can be created by a defective product on the premises, as in a defective amusement park machine that causes an injury. Taking pictures of the scene of the injury and hiring a premises liability attorney to gather evidence are among the surest ways to prove that a premises is hazardous.

Proof of Negligence

A property owner is legally responsible for exercising a reasonable level of care to maintain safe premises, thus preventing injury to visitors. In most states, a “reasonable level of care” is determined by:

• the circumstances under which the injured entered the property
• the intended use of the property
• whether the accident was foreseeable
• whether the property owner took reasonable measures to prevent injury or warn visitors of potential hazards

When a property owner neglects his responsibility to maintain safe premises as defined by these guidelines, he or she can be held liable for any injuries that occur on that property. In some situations, the victim may be found to share negligence, in which case damages may be adjusted to reflect the degree of his or her fault.

Locate a Premises Liability Lawyer near You

If you have been injured on someone else’s property, you will need to present evidence that the property owner was at fault for your injury. Use LawyerShop to locate an experienced premises liability lawyer in your area who can provide exceptional legal counsel.