How Can You Prove Your Premises Liability Case?

Jun 29,2018

If you have been injured on someone else’s property, you may have a premises liability claim. Of course, not every injury will qualify for such a claim. In order to prove a personal injury case of this nature, you will have to prove that the owner of the property was negligent in some way, and that their negligence is what caused your injury. In other words, you will have to prove the property owner is liable for your damages.

Property owners are legally responsible for maintaining a reasonably safe property. If a property owner is aware of a safety hazard and chooses to disregard it, rather than have the issue resolved, then he or she could be held liable for injuries that occur as a result of that dangerous condition. However, being injured on someone’s property—in a slip-and-fall accident, for example—does not automatically make them liable for your damages. You will have to prove that the property owner’s negligence resulted in your injuries. That means you will have to show that your injuries were a direct result of an incident on their property, and that the property owner was aware—or should have reasonably been aware—of the hazard, yet failed to address the danger.

The following are some items of evidence that will help you prove your premises liability case:

Photos of the scene. If possible, you should take photos at the scene right after the accident. Of course, that might not be possible if you were seriously injured and had to be rushed to the hospital. When possible, though, it is best to take photos right away, to ensure you have evidence of what the scene looked like at the time of the incident. If you wait too long to get photos of the scene, the responsible party might have the dangerous condition repaired in the meantime, and it will be more difficult to prove the injuries were a result of negligence.
Surveillance footage of the incident. If the accident that caused your injuries was caught on camera, that footage could be very important to your claim. Many stores have surveillance cameras inside and outside their buildings, as well as in parking lots. Check to see if there were any surveillance cameras in the area that could have recorded the incident. If you are having trouble obtaining the footage, your personal injury attorney can work on getting access to it through a court order.
Witness statements. Did anyone see the incident occur? If so, you will want to have them write down their statement and sign it. At the very least, make sure you get their name and contact information, so your attorney can collect their statement later on. The earlier you obtain their statement the better, as people can forget important details if too much time has passed.
Incident report. If you were injured at a business, such as a store or restaurant, you should report your injuries to the owner or manager on duty. They should then write up an incident report. All businesses should have a procedure for creating an incident report if a customer or employee is injured on the premises.
Medical records. You will have to prove not only that the incident was a result of the property owner’s negligence, but also that your injuries directly resulted from the incident. For that, you will need to provide your medical records. Additionally, if the case goes to trial, you may need the testimony of an expert medical witness to prove that your injuries were a direct result from the incident on the premises. It is important that you see a doctor as soon as possible after you are injured, so you have medical records that accurately reflect your injuries, treatment and condition.

Proving your premises liability case can be challenging. The more evidence you can collect at the scene, the better. Discuss your claim with a personal injury attorney as soon as possible to determine what course of action you should take to pursue your claim.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, El Centro, and Yucca Valley, and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.