When you get injured on someone else’s property due to unsafe and hazardous conditions, you can file claims to hold property owners liable for not maintaining a safe environment and causing harm to visitors.
Every year, tens of thousands of Americans suffer accidental deaths that can be attributed to unsafe facilities or properties, according to Consumer Shield. And thousands more are injured as a result of the negligence of property owners or managers.
When this happens to you or your loved one, you are entitled to file for claims. In a premises liability case, what you need is proof that the negligence of property owners directly caused your injury.
Let’s dive deeper into the specific evidence you need to back up your claim in a premises liability case.
Understanding the Property Owner’s Duty of Care
Have you ever wondered what duties a property owner carries for the safety of visitors? An owner owes a duty of care towards visitors to assure their safety on-site. They should study their property from time to time, keep it well-maintained, and repair such things as pose hazards.
If a hazard is known to them, then the duty requires them to either fix it or give warning to the visitors about it. Such a duty is subject to varying dissimilarities depending on the status of the visitor-as an invitee, licensee, or trespasser. Among these, owners owe the highest duty to invitees, ensuring a safe environment for them.
The property owner’s failure to carry out the duty of care may make him liable for any accident or injury occurring on his property. This may result in a legal claim against the landowner. A personal injury lawyer in Baton Rouge says that if you’ve been injured in this kind of incident that wasn’t your fault, a personal injury claim can help you recover damages for medical expenses, lost wages, pain and suffering, and more.
Establishing Knowledge of the Hazard
Collection of evidence is always a key element in any legal case. You need to gather proof that the property owner has prior knowledge of the hazard in their property. This may include maintenance records, incident reports, or photographs documenting the hazard.
Witness statements may also be important. Find out if there are previous incident reports that coincide with your situation. This would lend more credibility to your case.
A strong argument could be made that the owner should have noticed the hazard if it had been around for a long time. You should also check for trends. If there had been similar case incidents before, the owner obviously knew.
Proving knowledge depends on being able to show that the owner knew or should have known of the hazard because of regular inspections and maintenance.
Proving Negligence in Maintenance
To prove the neglect in maintenance, you need to show that the landowner failed to perform his duty of keeping the premises safe. This means showing that they neglected repairs or maintenance that an ordinarily reasonable person would have done.
You will need to collect evidence of what the owner did or did not do, maybe a log of maintenance work done by the owner, or an inspection report or finally, witnesses that can give testimony to that effect. If the danger was known to the owner and the owner did nothing to rectify the situation, that considerably strengthens your case.
If the owner did not know about the danger and ought not reasonably to have known, then that might lessen your claim. In any case, lack of proper maintenance has to be shown to establish negligence in your claim.
Demonstrating Causation Between Hazard and Injury
Establishing a clear link between the hazard and your injury is crucial for your premises liability claim. You’ll have to show that an unsafe condition was the immediate reason for your injury.
For starters, gather evidence, such as pictures of the hazard and statements from witnesses, if any. These constitute proof to show how the hazard caused the accident.
Then, medical records could prove valuable when claiming for your injuries. Demonstrating that any reasonable man in the same situation would have seen the hazard and had it abated will also greatly strengthen your case.
If you can prosperously link your injury to the hazard, it will help cement your case. Remember: proving causation is an essential step to hold the property owner liable for neglect.
Evaluating Damages and Compensation Options
After you discuss how your injury was caused by the hazard, you’ll want to assess the damages you’ve suffered while looking into ways to become compensated.
You want to evaluate economic and non-economic damages. Economic damages include such worth as medical bills, lost wages, and property damage; non-economic damages include such worth as pain, suffering, and emotional distress. The evidence of your claims must include medical records, pay stubs, and witness statements.
Knowing who to sue and receive compensation from is another important aspect. It could either be the lessor or the insurance company. You can consult your lawyer to help you understand your rights and how to proceed.
Never underestimate the value of your claim. A proper evaluation could go a long way toward getting you just compensation for your pain and suffering.
