Premises liability cases arise when someone gets injured on another person’s property due to unsafe conditions. These cases often involve slip and falls, unsafe building conditions, or inadequate maintenance. For someone to hold the property owner responsible, they must prove a few elements.
Proving negligence
The injured person must demonstrate that the property owner acted negligently. Negligence means that the owner knew about the dangerous condition, or should have known, but didn’t take proper steps to fix it. For example, if someone slips on a wet floor in a grocery store, they need to show that the store had enough time to clean the spill but failed to do so.
Notice of dangerous conditions
One key part of proving negligence premises liability cases involves showing that the property owner had notice of the unsafe condition. Additionally, the duration for which a hazardous condition existed can impact liability. If evidence shows that the unsafe condition persisted for a significant period, it strengthens the argument that the property owner had ample time to address the issue.
Meeting the burden of proof
The burden of proof requires the injured person to show that the property owner’s negligence caused their injury. This includes providing evidence such as photographs, eyewitness accounts, and medical records. The injured party must also prove they weren’t engaging in reckless behavior that contributed to the accident, which could reduce or eliminate the owner’s liability.
Key considerations for proving liability
In premises liability cases, strong preparation becomes essential. Focusing on gathering detailed proof could shift the case’s direction.