How Do I Prove Negligence in a Premises Liability Case?
To prove negligence, you must show that the property owner knew or should have known about the dangerous condition and failed to fix it. This failure caused your injury, and you suffered damages as a result. To prove premises liability negligence, you must establish four key components:
- Duty of care: Property owners have a duty to maintain a safe environment for guests, customers, and clients.
- Breach of duty: An owner’s actions or inactions, such as ignoring hazardous conditions, could be considered a breach of their duty of care.
- Causation: Did the property owner’s actions directly cause a victim’s injury? This is the question personal injury attorneys aim to answer.
- Damages: Negligent behavior must lead to quantifiable damages. These may include medical expenses to treat an injury or lost wages for a victim’s recovery.
If victims and their attorneys can prove premises liability negligence, they may choose to pursue compensation from the at-fault party. Typically, the insurance company that covers a residential or commercial building will pay for the plaintiff’s damages rather than the property owner.
The Role of Reasonable Foreseeability and Relationships
Lawyers evaluate whether someone could predict the consequences of potentially negligent behavior. For example, a reasonable person might conclude that someone could slip, fall, and injure themselves on an icy sidewalk. Therefore, the property owner responsible for clearing the sidewalks may be negligent.
A person’s relationship to the property owner also impacts their case. The owner’s duty of care usually applies to invited guests, such as:
- Business clients
- Hired contractors
- Friends
- Family
This duty of care doesn’t usually apply to trespassers. Uninvited guests may have a difficult time building a personal injury claim against property owners.
Collect Evidence That Supports Your Claim
If you want to prove premises liability negligence, you’ll have to gather evidence that meets the criteria mentioned above. Potential pieces of evidence include:
- Lease agreements: These documents could highlight a property owner’s responsibility to maintain the premises for their tenants.
- Witness statements: Anyone who witnessed the accident may be able to shed light on hazardous conditions that contributed to the injury.
- Photos of the property: Taking photos of the unsafe conditions in question may help support your claim.
- Video footage: Security camera or video doorbell footage could provide a clear view of the incident.
- Medical records: A victim’s medical records prove the extent of their injuries.
Knowing how to prove premises liability negligence can impact your case’s outcome. Ostroff Godshall Injury and Accident Lawyers has years of experience handling premises liability cases.
Do you need help reviewing your case and figuring out a legal strategy? Call our Pennsylvania law firm at (484) 351-0350 to schedule a consultation.
