Successful premises liability cases require evidence to prove that the property owner breached their duty of care. The plaintiff needs to also establish harms and losses that make up the total compensation for sustained injuries.
In addition, the plaintiff might need to get surveillance footage and witness statements to back up their claim. Documentation of the injuries holds the utmost importance in premises liability cases.
Proving liability in these cases can be complicated because the defendant may dispose of evidence, such as building maintenance records or surveillance footage. This requires prompt and strategic efforts to prevent the destruction of such evidence.
A jury and court may consider many factors in determining premises liability or fault, including whether the property owner knew about the potential hazard and had enough time to fix the issue.
Fires, explosions resulting from electrical failures, or a fatal slip and fall accident can result in the victim's death. If that happens, it turns the premises liability case into a wrongful death case.