When did you last slip on a wet floor and curse yourself for having a bad day? Can you hold the property owner accountable for that slip?
When you get injured because of a property owner’s negligence, it makes up for a premises liability case. But how do you prove that it wasn’t your mishap and, indeed, was an accident caused by the improper maintenance of the property? Under such circumstances, the key elements and evidence are crucial in building your case with the help of a lawyer in Orlando.
This blog aims to help you understand how you can prove a premises liability case by checking on the essential elements of the accident and evidence.
What makes a premises liability case?
Before moving on to the supporting topics and documents, it is important to understand which events qualify as vicarious liability cases and which do not.
You can file a first liability claim when you have been injured because someone else was negligent or the premises were unsafe.
In addition, the law can act against a property owner who violates his duty of care to a visitor who is a trespasser, licensee, or operator.
Gathering evidence: Key elements to prove in a premises liability case
The fundamental step in building and proving a liability case is to note the essential elements that showcase the property owner’s negligence and those that directly connect to your injury. Here’s what essential elements to take into consideration for proving your case:
- First is the property owner’s legal obligation to maintain their property, making it reasonably safe for visitors.
- The next key element is to define your visitor’s status, which determines the strength of your case.
- Take into consideration the exact failure that led to the accident, such as a broken staircase, wet floor ( without warning), or unremoved ice from the sidewalks.
- Note about the kind of injury you suffered, such as fractures or sprains, for knowing the compensation you will get in your case.
- Another element to note is the damages that occurred as a result of the injury such as the medical expenses, lost wages, and any damage to personal property.
While building up and proving a premises liability case, each element that influences the injury must be documented and emphasized for a successful case.
Tips to document the scene and collect evidence
To prove a premises liability case, alongside considering the influencing elements behind the injury documenting the key evidence is of utmost importance. Having the right evidence gives your claims solid support so that you can move ahead with your case confidently. Here are the essential tips to collect the evidence:
- To begin with, capture the conditions that caused injury in detail. Be it a broken step or an uneven pavement. Photograph the whole area at multiple angles.
- You must timestamp your photos and videos with the date and time of the accident to verify that the pictures are related to the time of the accident itself.
- Collect hazard measurements such as the pothole’s depth to explain the impact intensity.
- In case there are any witnesses, do inquire about their cooperation, and document any information gained from them.
- If your personal property was damaged, keep that secure to make up evidence.
- Keep all the medical records from your injury handy, and obtain multiple copies of all medical records, from prescriptions to diagnosis bills and any other invoices.
In addition, collecting all the evidence to prove your premises liability case will help you build a strong foundation for your claim.
Conclusion
In conclusion, a premises liability case is indeed complicated to prove; however, with appropriate evidence and the right guidance from your lawyer, you can secure the justice you deserve.
We hope this blog helps you understand which elements to consider and the essential evidence to keep close to effectively presenting your case.