Out of thousands of personal injury claims each year, only up to 5% go to court because they cannot prove fault, according to Forbes. Many of these lawsuits involve premises liability claims.
Premises liability refers to the legal responsibility property owners hold for injuries that occur on their premises. Proving fault in such cases is important for those seeking compensation for their injuries.
1. Document the scene
Begin by documenting the scene of the incident. Take clear photographs of the area where the accident occurred. Ensure that the images capture any hazards or unsafe conditions, such as wet floors, broken stairs or uneven surfaces. These visuals can serve as powerful evidence to support your claim.
2. Identify hazardous conditions
Clearly identify the hazardous conditions that contributed to the accident. Whether it is a lack of warning signs, poor lighting or neglected maintenance, establishing the specific hazard is important. If possible, gather any relevant records or reports that highlight previous incidents or complaints related to the same hazard.
3. Obtain witness statements
Eyewitness accounts can greatly strengthen your case. Seek out individuals who witnessed the accident and ask them to provide statements detailing what they saw. Their unbiased perspectives can offer valuable insights into the circumstances surrounding the incident.
4. Preserve physical evidence
Preserve any physical evidence related to the accident. This could include torn clothing, damaged personal belongings or any objects involved in the incident. These items can serve as tangible proof of the severity and impact of the accident.
5. Review surveillance footage
If available, obtain surveillance footage of the incident. Video evidence can provide a clear timeline of events and showcase the dangerous conditions that led to the accident. Make sure to secure copies of the footage promptly, as surveillance records may be overwritten or erased over time.
6. Examine property maintenance records
Explore property maintenance records to uncover any lapses in upkeep. Maintenance neglect, such as failure to repair known hazards, can be a significant factor in proving fault. These records can serve as a paper trail illustrating the property owner’s responsibilities and actions.
Establishing fault in a premises liability claim requires a comprehensive approach. By diligently collecting and presenting this information, individuals can build a compelling case to seek compensation for injuries sustained on another’s premises.