Proving Negligence in Premises Liability

Proving negligence in premises liability cases with the help of dedicated personal injury lawyers at Dressie Law Firm

Explore the essential steps and legal insights for proving negligence in premises liability with Dressie Law Firm’s expert guidance.

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Everything to Know About Proving Negligence in Premises Liability Claims

Premises accidents can cause severe injury, property, and other damages. Such accidents occur when property occupiers and owners fail to maintain safe premises for their visitors or customers. If you’re injured while on someone else’s property, you can file a premises liability claim.

Property owners and occupiers are required to protect visitors to their premises from foreseeable hazards. If they breach this duty of care and they end up injured, the property owner will be liable for their damages. 

However, some liability cases involve third-party negligence. For instance, if you’re injured by a distracted driver in the parking lot of a store, you can’t sue the store owner. You may also be partly liable for the accident, resulting in reduced settlement. Because of such complexities, understanding your legal rights and options in such cases is essential.

Dressie Law Firm can provide legal counsel and representation in your premises liability claim. Our attorneys have experience in such cases and can help you prove negligence and claim compensation for your damages. Speak to our premises liability attorney to find out how we can help.

    What Is Premises Liability?

    Premises liability refers to the legal responsibility of owners and occupiers for accidents and injuries suffered by other people on their premises. In the premises liability law, the property owner owes a duty of care to visitors. The owner must keep their premises safe and warn visitors of hazards to prevent accidents and injuries.

    Product and premises liability claims can result from a property owner or product manufacturer’s liability for injuries to invitees, licensees, and users of a product. A business invitee, or public invitee, is a customer or anyone visiting the property to conduct business. The highest duty of care property owners owe is to invitees.

    Licensees are those visiting under the property owner’s permission. Examples include friends, acquaintances, social guests, and other visitors who don’t intend to do any business. A trespasser is one who enters the property unlawfully. The property owner doesn’t owe a duty of care to trespassers.

    However, the law makes an exemption for child trespassers drawn in by attractive nuisances. An attractive nuisance can be a fountain, abandoned car, trampoline, dam, or other things that attract children. Commercial property occupiers must do enough to keep the premises safe for kids.

    Types of Premises Liability Cases

    There are many premises liability cases involving injuries on other people’s property. Slip-and-fall claims are the most common cases. A premises liability accident can also stem from inadequate security, falling objects, or dangerous conditions. Below are some common examples:

    Slip-and-Fall: A slip-and-fall accident occurs when you slip and fall due to a property owner’s negligence. An example is slipping on a wet floor due to a lack of warning signs. If you fall in a hospital or doctor’s office, speak to our medical malpractice attorney for personalized guidance.

    Falling Objects: You can file a personal injury case if you’re injured by a falling object on someone’s property. Such claims are common in construction areas and warehouses where heavy objects can fall off higher floors, machines, or shelves.

    Dangerous Conditions: A dangerous condition can be an old ceiling at an apartment complex or a poorly installed stairway. Such conditions can increase the likelihood of an accident if not fixed by the owner.

    Inadequate Security: Property owners, especially of commercial property, should provide enough security for their visitors. Basic security includes guards and surveillance cameras in parking lots to reduce the chances of mugging and assaults.

    Many other liability claims exist, including defective elevator incidents and swimming pool accidents. Any accident in which the property owner was negligent warrants a premises liability claim. You’ll need to prove the injury occurred due to the owner’s or occupier’s negligence.

    How to Prove Negligence in Premises Liability Cases

    Holding the owner accountable for your injuries and damages entails proving their negligence. Owners are often liable in premises liability claims, but occupiers, such as department store employees, can also be liable.

    What Is Negligence?

    Negligence in a premises liability case is the failure to act with the standard of care that a reasonable person would exercise in similar circumstances. To prove negligence in liability claims, you must establish four elements: Duty, breach, causation, and damages.

    Duty of care is the property owner’s legal obligation to ensure safe premises for visitors. For instance, a business may fail to dry a damp floor or warn licensees and invitees of the potential hazard. Someone may slip on the wet floor and suffer a hip injury because of the business’s negligence.

    In this case, the owner had a duty to protect the visitor and breached that duty by failing to dry the floor or place a warning sign. The slippery floor caused a slip and fall injury resulting in damages (fractured hip). Since the property owner knew of the potential hazard and failed to take the necessary measures to prevent accidents, they’ll be liable for the damages.

    Steps to Proving Negligence

    Proving owner negligence in premises liability accidents requires investigating the accident scene. Your premises liability lawyer will look for cues to establish duty, breach, and causation. You’ll also need proof of the suffered damages. Here are the steps involved:

    1. Investigation: Your premises liability attorney will start with a thorough investigation. This can help determine the nature of the accident, injuries and damages, and potentially liable parties.
    2. Collecting Evidence: You need physical evidence of the injuries and what caused them to prove negligence, including medical records, witness statements, expert testimony, CCTV recordings, maintenance records, etc.
    3. Establishing Duty and Breach: With enough supporting evidence, you can prove a breach of duty of care. This involves showing how the property owner failed to provide reasonable care.

    How Dressie Law Firm Can Help

    Involving an experienced attorney in your premises liability case can increase your chances of recovering compensation. Such cases involve complex laws and negotiations, so they’re best left to an experienced lawyer from a reputable law firm.

    Dressie Law Firm can provide you with skilled lawyers for your case. Our team is passionate about protecting the rights of injury victims. Our Atlanta premises liability attorney can help in the following ways:

    • Legal Counsel: We can provide thorough case reviews to identify liable parties and possible legal options. We also offer professional counsel throughout your case.

    • Evidence Gathering: A personal injury lawyer can help you gather evidence. This includes finding witness testimony, video clips, images, receipts, and other sources.

    • Legal Representation: Our premises liability lawyer can represent you during negotiations and lawsuits. We’re determined to protect your legal rights and personal interests.

    • Recover Compensation: We aim to help you prove negligence and recover damages. You can recover medical bills, lost wages, physical therapy costs, and more.

    Contact Our Premises Liability Attorneys at Dressie Law Firm

    A premises liability case can help you recover medical expenses and other damages when injured on someone’s property. Whether you’re dealing with a dangerous condition or a slip-and-fall case, our lawyers are here to help. We’re dedicated to helping injury victims recover maximum compensation.

    Our attorneys have experience in premises liability case laws and procedures and have helped many clients in Georgia. We can guide you through all phases, from filing the incident report to representing you in settlement negotiations and lawsuits. Contact Dressie Law Firm today for a free consultation.

    The Dressie Law Firm Can Help You

    If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

    Contact us today to schedule your free consultation!