How to Prove a Premises Liability Claim

To win a premises liability case, you generally need to prove the following four elements:

Duty of Care

You must demonstrate that the defendant—the property owner or occupier—owed you a duty of care. The level of this duty depends on your status on the property:

●       Invitee: Someone invited onto the property for business purposes, such as a customer in a store, or as a social guest. Property owners owe invitees the highest duty of care, which includes a duty to maintain a safe environment, inspect for hazards, and warn of known dangers or those they should reasonably discover.

●       Licensee: Someone who has permission to be on the property for their own purposes, such as a social guest who is not a direct invitee or a delivery person. Property owners owe licensees a duty to warn of known dangerous conditions that are not likely to be discovered and to refrain from willful or wanton misconduct that causes injury.

●       Trespasser: Someone who enters the property without permission. Generally, property owners only owe trespassers a duty to refrain from intentionally or wantonly causing them harm. However, there are exceptions, particularly for child trespassers under the “attractive nuisance” doctrine.

Breach of Duty

You need to show that the defendant breached their duty of care. This means they failed to act as a reasonably prudent person would under similar circumstances to keep the property safe. Examples include:

●       Failing to clean up a spill in a timely manner.

●       Not repairing a known dangerous condition, such as a broken step.

●       Failing to provide adequate warning of a hidden hazard.

●       Not conducting reasonable inspections to identify potential dangers.

Causation

You must prove that the defendant's breach of duty directly caused your injuries. There needs to be a direct link between the unsafe condition and the harm you suffered. It is not enough that a dangerous condition existed; you must show that this condition led to your injury.

Damages

You need to demonstrate that you suffered actual damages as a result of your injuries. These damages can include:

●       Medical expenses, both past and future.

●       Lost wages, both past and future.

●       Pain and suffering.

●       Emotional distress.

●       Property damage.

●       Other economic and non-economic losses.

In summary, you need to prove that the property owner was negligent in maintaining their property, that this negligence caused a dangerous condition, and that this condition directly led to your injuries and resulting damages.

Evidence Used to Build a Strong Case

To build a strong case, evidence is crucial. This can include:

●       Photographs and videos of the accident scene and the hazardous condition.

●       Witness statements.

●       Accident reports, such as reports from the property owner or the police.

●       Medical records and bills.

●       Documentation of lost income.

●       Expert testimony, such as testimony from safety experts or medical professionals.

Keep in mind, defenses such as the “open and obvious” doctrine or comparative negligence (where your own negligence contributed to your injury) might affect your ability to recover damages. 

If you have been injured while at another person's or business' property, call the premises liability attorneys at Braden Blumenstiel Legal Advocates Group LLC today. Call us at 614-508-1677 or 888-343-9796 for a free consultation. 

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