When talking about premises liability, we refer to property owners that are potentially responsible for the injuries appearing due to unsafe conditions present on the owned property. A premise liability case can appear in connection to any structure type or even in open spaces. This includes accidents involving swimming pools, falling equipment, construction sites, slip and falls, animal attacks, fires, inadequate security, and criminal attacks, just to mention some.
What Should You Prove When Injured?
The premise liability case will involve several elements. They are different in different US states. This is why you need to assess your jurisdiction to see what laws exist. However, in most cases, as the injured party (legally referred to as plaintiff), you will need to prove that:
- Who caused your injury (legally referred to as defendant) occupied, leased, or owned the property.
- The plaintiff suffered an injury.
- The defendant was acting negligently while using the property.
- The negligence of the defendant was a main factor in causing the injury.
Property Ownership
Proving that the defendant occupied, leased, or owned the property is done in most cases with the use of legal documents. The person identified usually has a duty to maintain the property, which involves inspection and other actions. The goal is to make sure that the property is in a good condition based on the official intended use.
Negligence
Proving that the defendant acted in a negligent way while using the property is the tricky part of the process. You basically have to prove that the person did not use the normal standard of care based on the situation that appeared.
It is important to also analyze the status of the individual that entered the land. However, nowadays, this is an approach that is no longer preferred since ordinary negligence is preferred when proving fault. Possible individual statuses include:
- Invitees
- Licensees
- Trespassers
Defendants have the legal responsibility of warning people of latent and known dangers related to the property. This is a duty that does extend to the dangers defendants should have actually known or should have shown reasonable care about them.
An Injury Happened
In premise liability cases you have to prove that an injury happened. This can be done through medical records and testimonies. Your medical bills are accepted as proof and expert testimony will be allowed.
Besides proving that you were injured, you also have to prove how much medical treatment you needed, together with ongoing medical care needs and how they affect your life.
The Negligence Caused The Injury
Proving this is the key to receiving a large financial compensation. You can only hold the defendant liable when his/her negligence was a big factor in causing the injuries.
It is important to note that the negligence of the defendant does not need to be the only reason why you were injured. However, it needs to have contributed to the injury.
As you can see, all of these things are not at all easy to prove. The premise liability case can be quite complicated so it is very important to hire an experienced personal injury attorney capable of helping you to build a very strong case against the defendant.