Proving fault if you are injured on someone else’s property means you have to have substantial evidence that will stand against the evaluation of a jury, judge, or insurance claims adjusters.
Regardless of the injury you’ve suffered, proving guilt in a premises liability case can be challenging.
You have to prove that you were injured while on the property, and you also have to provide evidence that your injury was because of an on-site hazard.
Here are some effective ways to determine and prove premises liability.
What Do You Have to Prove?
If you were hurt on someone else’s property, it’s crucial that you receive a financial settlement to cover any current and future medical care and any wages you’ve lost or will lose because of your injury.
Proving fault in a premises liability case involves three main factors:
- Duty of care, which is used to establish that the premises owner was required to keep the property safe.
- Breach of duty, which is the resolution that the owner of the property did not maintain the safety of the grounds because of negligence.
- Breach of duty caused the injury, which is the process of proving that the property owner or manager did not make the property safe or was negligent in eliminating accident-causing elements.
Remember that the attorneys for the defendant will try to prove that your injury was your fault and had nothing to do with the condition of their client’s property.
That’s why it’s important for you to have a qualified lawyer on your side who can present evidence to the court to prove that you are eligible for a premises liability settlement.
Substantial Forms of Evidence
Solid evidence can go a long way to assist you in winning the compensation that you’re entitled to in a premises liability case.
You should take as many pictures as possible of the hazard that caused you to get hurt while on the property, like an icy parking lot or a wet floor.
Be sure to take the photos as soon as you can, so the defendant won’t have time to rectify the situation before you take your case to court.
It’s also a good idea to recover property records and a lease agreement for the property.
These documents prove that the defendant was the property owner at the time of your injury, so the judge will know that you’re making a claim against the correct party.
Accident reports are also substantial forms of evidence in a premises liability case.
If you report to the property or police when you’re injured, make sure you have a copy of the document for your records.
An accident report can also include statements from witnesses the police will use to support your claim.
If you inform the property owner that you were injured, write down all the details, like the date and time you spoke with the owner and the owner’s name and title.
If you’re making a claim against the property owner and the owner’s insurance company, make sure you get a copy of the owner’s insurance policy.
The policy will show whether your damages and injuries will be covered.
You need this document in court in case the defendant tries to dispute the amount of coverage indicated in the insurance policy.
Getting a fair settlement for a premises liability injury requires the support of an attorney.
The sooner you can get a lawyer, the sooner you’ll have the legal assistance you need to get the settlement you deserve.
Be sure to describe all the details of your incident during your consultation, so your attorney can compile the evidence and contact the appropriate parties to expedite your settlement.