Proving Fault In A Premise Liability Claim

If you have been injured on someone else’s property through no fault of your own, you may have grounds to contact a premise liability lawyer and file a premise liability lawsuit.  A premise liability lawsuit is merely a legal action filed by an injury lawyer against a property or premises owner.  The lawyer you hire will charge them with negligence.  Injuries that are grounds for premise liability lawsuits may include a slip and fall, tripping on broken walkways or loose carpeting, tripping over inappropriate obstacles, faulty equipment, poorly lit stairwells, missing handrails, and more.  You may have the right to compensation from a premise liability lawsuit, but you cannot win a premise liability lawsuit without evidence and the help of a skilled injury lawyer.  You must determine who is at fault in a your claim and show how you sustained injury. 

Determining the Existence of a Premise Liability Claim
The first element you must prove in a premise liability lawsuit is that there was a injury.  In most cases, the injury will be obvious; but premise liability lawsuits are complicated and time consuming, and a your lawyer must have evidence to show even months after the premise liability claim injury.  Your premise liability lawyer must be able to provide pictures, medical records, and witness testimony to prove that your premise liability claim injury occurred before they can hope to win a premise liability lawsuit.

Determining Fault in a Premise Liability Lawsuit
If possible, after you have had your injuries attended to you should take pictures and/or detailed notes on the conditions that caused your injury.  Provide your  lawyer with any additional evidence to show what happened in your accident.  Such evidence can change or disappear quickly; however if you have pictures, your  lawyer can show any faulty conditions that support your premise liability lawsuit. 

The owner of the property must have caused and not repaired the dangerous condition that caused your premise liability claim injury for your premise liability lawyer to file a premise liability lawsuit.

The property owner must have failed to perform reasonable maintenance and, therefore, been ignorant of the damage that caused your premise liability claim accident for your premise liability lawyer to file a premise liability lawsuit.

The law holds a property owner or tenant responsible to maintain their property in a reasonably safe manner for visitors or an premise liability lawyer may have grounds to file a premise liability lawsuit.  That “reasonably safe manner” is defined by several factors:

• How the visitor gained access to the property (by invite or by trespass)
• What the property is intended to be used for
• Whether the premise liability claim accident should have been anticipated by a reasonable property owner
• Whether the property owner made a reasonable effort to repair the damage or warn visitors to avoid it, thus protecting them from premise liability claim accidents.

Just because a visitor is injured on someone’s property does not mean that visitor automatically has grounds to hire a premise liability lawyer to file a premise liability lawsuit.  Based on the four requirements just mentioned, if a trespasser is injured when they are on the property illegally, they will not have grounds to hire a premise liability lawyer and file a premise liability lawsuit. 

By contrast, if someone uses the property appropriately and sustains a premise liability claim injury, an premise liability lawyer can help them file a premise liability lawsuit.  If a dangerous condition appears that an owner is warned about and fails to respond to in a timely manner, a visitor who sustains a premise liability claim injury should consult anpremise liability lawyer to file a premise liability lawsuit. 

Finally, if a property owner knew of damage or a dangerous condition and neither made a reasonable effort to repair it or to warn visitors to avoid it, a visitor who sustains a premise liability claim injury should contact an premise liability lawyer to file a premise liability lawsuit. A skilled premise liability lawyer can discover the evidence you need to determine if you have grounds to file and win a premise liability lawsuit.