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:
- 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.
- 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.
- 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.
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