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.
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:
- 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.
The Dressie Law Firm, LLC Can Help You
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