A successful premises liability lawsuit proves the owner of a property knew about a hazard and failed to fix it, thus proving negligence. While this process may seem straightforward, many defendants in these lawsuits and their defense attorneys will attempt to place the blame on the plaintiff. A defense attorney may suggest that you were wearing inappropriate footwear for the area, that you ignored obvious warning signs, or that you simply should have known better.
In these cases, it is important to build a strong defense against these claims by proving the owner’s negligence. To file a premises liability lawsuit, you will need to prove:
The defendant legally owns the property where the accident occurred. This isn’t too difficult to prove, as property records should clearly name the owner of the property. An experienced premises liability lawyer can find the owner of the property if you don’t already know who it is.
The defendant was negligent in caring for the property. The property owner has a duty of care to adequately warn visitors of known and latent property hazards and property conditions. You will need to prove that the property owner acted carelessly or negligently.
You suffered an injury because of the hazard. You can prove this by various methods, including medical records, eyewitness testimony, and security footage.
By proving these three conditions, you are on the road to a successful premises liability lawsuit. However, certain factors can complicate the outcome of the case, such as your knowledge of potential hazards, personal responsibility for the accident, and your actions.