Premises liability claims are made when you get injured on another person’s property due to their negligence or unsafe condition, which they could have avoided. The main goal of this claim is to prove that the property owner was unable to keep the property safe, which led to injury.

The property can be a grocery store, a commercial place, or a private home.

Understanding how to establish a premises liability claim is important to get the compensation you deserve. The first thing you need to do in such a situation is to call a lawyer. An experienced attorney can help you to gather evidence, fight for your rights, and guide you through these hard times following the accident. Read this article to learn some tips for premises liability claims.

Duty of care

The first and foremost step in such a claim is to prove that the property owner owed you a duty of care. The property owners are responsible for making sure that the environment is safe for the visitors, but the level of responsibility can vary, and it mainly depends on the visitor’s legal status. The duty of care is highly owed to customers and clients here the owner needs to regularly check and repair any hazardous condition that can cause damage to them. Social guests are also entitled to reasonable care by the owner. In such cases, the owner may not do frequent inspections. Trespassers, on the other hand, are not owed any kind of duty of care except in case children are involved.

To prove this, you need to show that you were legally on the property and that the owner had the duty to maintain safety. This will need you to gather evidence like photographs or testimony by a witness to show that there were dangerous conditions of which the owner was aware of or should have been aware of which caused the injury.

Showing breach of duty

Once you have established a duty of care, you need to prove that the property owner has breached this duty. A breach occurs in situations when the property owner fails to act reasonably under such circumstances. For example, a store owner who neglects any spillage in his store despite knowing that this can lead to an accident is considered to have breached his duty of care.

The main point in such cases is to prove that the property owner either knew or should have known about such conditions which caused the damage, and they failed to take any appropriate measures to fix the situation.

Causation: Linking the injury and hazard

Causation is another important part of a premises liability claim. Just proving that a dangerous condition existed and that the property owner failed to take any action is not enough, you also need to show that this negligence led to the injury. To prove this you can use medical records, expert testimony, CCTV footage, and detailed account of the incident.

Property owners can argue that the injury was caused due to your carelessness and other medical conditions that are unrelated to the incident. In such cases, you need a lawyer who can help you get an expert opinion on this and prove that the hazardous condition was the main cause of injury you suffered. For example, if you slipped on a wet floor, your attorney will try to show that your injuries are caused by this slipping and not because of any other existing condition.

Demonstrating Actual Damages

Once you succeed in a premises liability claim now you have to show that you have suffered damages as a result of this injury, which includes medical bills and lost wages. It is important that you prove that the condition led to measurable harm to you.

Take Action Now And Protect Your Rights

If you have been injured on someone else’s property due to their negligence, then don’t let such negligent property owners leave you with injury, pain, and financial hardship. Act on it and contact a lawyer who is experienced in premises liability cases and get the compensation you deserve.