Owners bear the responsibility of maintaining their property to prevent unsafe conditions. In the event someone is injured on the property, a court may hold them liable and make them pay compensation to the injured party.
If you or a loved one have been injured on someone else’s property, how can you prove they are at fault? What steps must you take to demonstrate their liability and get compensation for the injuries sustained?
Existence of Duty
First and foremost, the plaintiff must show the property owner, landlord, or tenant had an obligation to maintain the property and ensure it was safe. This part of the process begins by showing who bore this responsibility, which can be difficult to do.
Who is responsible for fixing the uneven steps that led to the accident? Would this fall on the homeowner, the property manager overseeing it on behalf of the owner, or the tenant? Many people request help from LAWBOSS attorneys in determining who should be named in the legal suit.
Breach of Duty
Once it has been determined who was responsible for maintaining the property, the person who filed the suit must show that this individual failed to fulfill their duty of care by not warning people of any dangers on the property. They left it for others to find on their own.
The person responsible for maintaining the property must use reasonable vigilance to detect conditions that are hazardous, and a failure to do so could lead to an accident. The victim of the accident must show that other people in a similar situation would have rectified the dangerous conditions and the named party failed to act in a similar manner.
Causation
Next, the victim must show how this failure to act in a reasonable manner led to the injuries. For example, if a broken step led to a person’s ankle breaking, the victim must show that their ankle was fine until they put it down on the broken step and their leg went through the board. When it did so, the ankle broke. However, in certain situations, it’s not easy to show causation. For this reason, many people hire an attorney to help them collect this proof.
People often worry that they will be held partially to blame for the accident. For example, they may have been talking on their phone and didn’t see the hazard. The key lies in proving the defendant’s negligence played a major role in the injuries sustained. This negligence doesn’t need to be the only cause as long as it materially contributed to the injuries.
Proof of Harm
Furthermore, the person must show that they sustained injuries and provide proof of these injuries. Besides testifying to the injuries, the victim may provide medical bills and other documents that outline the care they needed because of the accident. They may need to call one or more doctors in to testify to the injuries and their impact on the victim’s life. In addition, they may call other experts to show proof of harm.
If you feel proving your claim will be difficult, reach out to an attorney for help. They try premises liability cases regularly and can be of great help as you navigate the legal system. A person only has one chance to sue an individual for their injuries, and they don’t want to waste it. Having legal representation helps to bolster their case, as the attorney works to ensure they get the re
