What Must Be Proved in a Premises Liability Case?greylawpi2021-07-28T05:38:58+00:00
What Must Be Proved in a Premises Liability Case?
Almost every day we are on someone else’s property to shop, conduct business, socialize or for other reasons. We typically do not worry about our safety until we are injured on the premises.
Property owners have a legal responsibility to make sure their land and buildings are safe for visitors. This means property owners must take care of any hazardous conditions that could cause harm to visitors. A property owner who neglects this duty can face serious consequences.
However, if you are injured on someone else’s property, how can you prove that the owner is responsible for the injury?
Reasons for Being on the Premises
Before you can hold a property owner liable for an injury, you must have a reason for being on the premises in the first place. With that in mind, a property owner is responsible for your safety if the owner:
Invited you on the premises to conduct business (for example, shopping at a grocery store)
Gave you permission to come on the premises for non-business purposes (for example, attending a party)
A property owner does not owe the same duty of care to trespassers.
Proving Negligence in a Premises Liability Case
The key to holding a property owner legally liable is to prove that the owner’s negligence caused an injury. To do this requires you to prove that:
An individual or a company owned, leased or controlled the property and was negligent in maintaining the property
You were injured on the premises
The individual’s or company’s negligence in some way was a factor for causing your injury
In some instances, property owners know about hazards but take no action to improve conditions on the property. Even if you can prove this, property owners can still deny responsibility for your injury.
Seeking Legal Assistance in a Personal Injury Case
To file a successful Los Angeles premises liability claim, it requires gathering evidence, such as medical records, witness statements, and other documents to prove that you were injured and suffered other losses.
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