How to Prove Negligence in a Premises Liability Case

Have you ever been involved in a slip or fall incident on someone else’s property and wondered who’s responsible? If so, you’re not alone. Premises liability cases can be quite complicated, but learning how to prove negligence can be the key to claiming justice for injuries. Let’s break down the steps needed to build a strong case.

Understanding Premises Liability

Premises liability essentially means a property owner is liable to make the premises safe for visitors. They must address potential hazards and provide adequate warnings regarding existing dangers. When such a hazard is not addressed with a warning related to the dangers, it leads to a visitor suffering injury. The injured visitor has the right to claim damages against the property owner.

To succeed in a premises liability claim, you have to show how the owner was negligent. This means you need to demonstrate that they owed a duty of care about the property toward you, indeed, that they did breach that duty, and directly resulted in your injury.

Collecting Evidence: Your First Step

To build your case, you start by collecting evidence. Evidence is always crucial to point out that the property violated their duty of care. Consider the following when you begin building your case:

1. Photos and Videos

Take photos or videos of the scene immediately after your accident. Document any hazardous conditions, like uneven pavement or liquids spilled on the ground. Visual evidence can sometimes be very compelling, especially if the property owner cleans up or conceals the danger after the fact.

2. Accident Reports

Always document your incident and give it to the property owner or manager. This helps create a legal record of the event. However, if need be, call the police and get a copy of the report from them. All these documents will be useful while building your case, specifically, if there are any witnesses involved.

3. Witness Information

If other people witnessed the accident, you should ask them for their contact information as well. Testimony from other witnesses will give your case more credibility. They may have seen the hazardous conditions or support your version of events.

Medical Documentation: Essential for Your Case

Regardless of how small your injury seems, you should seek medical attention. This will not only ensure your health is prioritized but also form very crucial documentation for your case. Here are things to note:

1. Medical Records

Once you have visited the doctor, keep all the medical history related to your injury. These would be excellent evidence for your claim because they could explain your condition, your treatment, and even your recovery. Document all the follow-up visits or therapies that you may require.

2. Detailed Treatment Notes

Obey doctor’s treatment recommendations. Adherence to advice from the doctor not only helps in treatment purposes but also shows that you take your injury seriously. If you will someday claim the adverse impact of your injury on both your daily life and work, it shall be supported by consistent medical documentation.

Demonstrating the Property Owner’s Negligence

Now that you have your evidence, it’s time to establish negligence on the part of the property owner. For this purpose, consider these points:

1. Duty of Care

Establish the duty imposed on the property owner to provide safe premises. For example, when you slipped and fell in a grocery store because the floor was wet, the grocery store owner had a duty either to clean the spill or to warn the customers.

2. Breach of Duty

Then, show that the property owner failed in that duty. For example, if the store owner did not put up a “Caution: Wet Floor” sign or failed to fix a broken railing, these are acts of negligence.

3. Causation

You should show that negligence was the direct cause of your injury. Your medical records play a part here. You will have to link your injury to the unsafe condition on the property.

Documenting Your Losses

Once you have established negligence, you must calculate your losses. This encompasses present and future expenses associated with your injury. Here is how you can get it right in documenting your losses:

1. Keep All Receipts

All medical expenses incurred, including charges for treatments, prescriptions, and follow-up appointments, must be documented as proof for claiming compensation.

2. Track Lost Income

If you are unable to earn due to your injury, the days lost and the resultant income loss are to be documented. This is the information you will need in order to calculate the total loss due to your injury.

3. Future Losses

Other expenses that your injury will incur in the future should also be factored in. Are you likely to be on long-term medical treatment? Will your ability to work be affected in the long term? Discuss these with your attorney so you can be sure you get full compensation.

Conclusion: Seek Professional Help

Going through a premises liability case can be a hefty task, but you don’t have to do it alone. Consulting with a knowledgeable premises liability lawyer can help you understand your rights and guide you through the process of gathering evidence, proving negligence, and seeking compensation. Remember, the more evidence you collect, the stronger your case will be.

If you’ve been injured due to someone else’s negligence, Clay Hinds is here to help. As experienced lawyers in Ellis County, Texas, we’re dedicated to fighting for your rights and securing the compensation you deserve. Our team includes an assault lawyer in Ellis County who can assist with all your legal needs.