Premises liability cases can be complex and challenging.
If injured due to someone else’s negligence, it is important to know how to build a strong case and demonstrate that the property owner or occupier was negligent in maintaining their premises.
1. Establish duty of care
Begin by establishing that the property owner or occupier owed you a duty of care. This duty varies depending on your legal status while on the property. Visitor classifications include invitees, licensees or trespassers, and each has a different level of duty owed by the property owner.
2. Show breach of duty
To prove negligence, you must demonstrate that the property owner breached their duty of care. This breach typically involves failing to maintain the property in a reasonably safe condition or failing to address known hazards promptly.
3. Identify hazardous conditions
Next, identify the hazardous condition that caused your injury. This could be a wet floor, uneven pavement, inadequate lighting or any other dangerous situation on the premises. Document the condition through photographs, witness statements or other relevant evidence.
4. Establish causation
Proving negligence requires establishing a direct link between the hazardous condition and your injury. You must show that the unsafe condition was the proximate cause of your harm. This may require expert testimony or medical records to confirm the connection.
5. Demonstrate knowledge
Demonstrate that the property owner or occupier knew or should have known about the hazardous condition. This can happen by showing that they had prior knowledge of the danger, received complaints or had a reasonable opportunity to discover and address the issue.
Falls account for 33% of all preventable injuries every year, and many of those injuries lead to long-term medical and financial consequences. Although complex, a person injured on another person’s property has the right to compensation.