What do I have to prove in order to win a premises liability case?


Anyone that owns or manages a home, commercial building, or another type of real estate has the general duty to ensure that it is safe for people to visit and use. Unfortunately, there are situations and accidents in which someone could get hurt when they do try to use a certain property. In these situations, the owner of the property could be sued, and someone injured could with a premises liability case. However, the premises liability tends to be somewhat complicated in order to ensure that frivolous cases are not brought forward. To win a premises liability case against a property owner or manager, you will need to prove a few different points.

The Defendant in Case Was Responsible for Management of Property

One of the factors that you will need to prove when you are pursuing a premises liability claim is that the defendant named in your case was responsible for the property. Anyone that owns, rents, and occupies a property will be required to keep a building in good condition. However, this responsibility does not legally extend to individuals that do not have this legal burden. Due to this, you will need to file a claim against the individual that is responsible for the care of the property. This is typically the person that owns the property, leases it from a third party, or has taken on a legal management agreement. You will need to clearly identify that this person had the obligation to properly care for the property.

The Defendant was Clearly Negligent

Another factor that you will have to prove in your premises liability claim is that the defendant was negligent in their acts and management of the property. Anyone that manages a building needs to take proper steps to keep it safe or to ensure others do not enter the building. If a property cannot be kept safe for the typical person through cleaning and proper management, adding fences, warning signs, and other indicators is a necessity. If they do not do this, they could be found negligent and responsible for damages under a premises liability claim.

Additionally, a property owner or manager can be found responsible for damages if they are operating a building that is clearly out of compliance with zoning laws. For example, converting a home into a manufacturing facility in a neighborhood could increase the chances of being sued under a premises liability claim as their typical acts will put others at risk.

You Were Actually Injured

While someone may be negligent about how they are operating their property, it does not necessarily mean a premises liability can be filed. For the premises liability claim to be filed and won, you will also need to prove that you were injured. To show that you were injured, you can provide a variety of pieces of evidence including medical records, statements from doctors, and a description of your injuries and other situations. The cost of your medical bills, lost wages, therapy costs, and other expenses incurred can all have an impact on any future judgment.

Beyond being injured in the case, you will also need to prove that the injuries are the cause of your injuries. The injuries that you have experienced should have been reasonably predictable by the defendant in the case. If it is a completely surprising accident that could not be predictable, it could impact your ability to file a premises liability claim.

Trespassing Impact on Case

Another factor that you may need to prove in order to win a premises liability case is that you had the right to be on the property in the first place. Overall, a property owner needs to make sure that they are shielding people from injury and risk when coming onto their property. However, there is only so much that they can do to ensure a property is safe and protected. If there are hazards, the property owner needs to take the proper steps to fence off the property and keep people away.

Even if a property is properly secured and fenced away, there are situations in which someone can break into the property and enter anyway. If this is the case for you, your premises liability case may not be heard as it could be a clear indication of trespassing. While egregious trespassing will typically result in a premises liability being dismissed, if you simply walk onto someone else’s yard or enter a building that does not provide warning or protections to keep you out, the property owner can still be held liable for any damages that you incur.

Reasons to Hire Legal Support

Being injured in any situation can be stressful. If the injuries are due to the negligence of another party, it always makes sense to pursue legal action to receive proper support and reimbursement. If you are injured due to the neglect of a property owner or manager, a premises liability claim could be your best option. Premises liability claims can be complex and challenging to prove. Due to this, having legal support by your side is a great option.

When you are going to hire a lawyer for your premises liability case, a good option would be to call the team with Wapner Newman. These professionals are experienced attorneys and legal professionals that handle a range of personal injury cases, including premises liability claims. They can help by providing you with a full consultation and offering any support you need during the process. This can include negotiating with the defendant’s counsel, insurance companies, and other parties. If necessary, they can also provide full representation during arbitration or a civil court trial.

Leave A Reply

Your email address will not be published.

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Read More