Though premises liability cases seem simple at the outset, they are actually
quite complex. This complexity is due to the fact that such cases center
on evidence of a person's knowledge. Proving that someone is responsible
for your injury hinges on the following elements:
The cause of your injury.
A valid premises liability claim requires that your injury was caused
by an object or condition that was harmful or hazardous in nature. Dangerous
elements of a property can include a violent animal, recent criminal activity
(e.g. theft), broken stairway, or a wet surface. These must be contained
in the property at the time of your injury to validate a claim.
The owner's knowledge.
After establishing that the property housed a hazardous situation, you
must prove that the owner was aware that the condition existed. This can
involve proving direct knowledge, or demonstrating that the owner should
have known of the situation by way of reasonable care, and failed to repair
or remove the hazard.
Your lack of knowledge.
If you were unaware of your risk prior to an injury, you can strengthen
you case by arguing that the property owner failed to warn you of potential
danger. In a store, for example, the owner may be held liable for failing
to put up a warning sign on a wet floor.
Guidance for a Premises Liability Case
In any of these situations, a strong claim requires careful planning and
convincing evidence. You can help secure a favorable outcome to your case
by working with an experienced legal professional. Our legal team at the
Law Offices of Andrew W. Jones has earned top ratings from Martindale-Hubbell®
and Avvo® for ethical and professional practices. We have won more
than $45 million for our clients and are ready to provide you with the
legal counsel you need.
Contact our firm for a free consultation with a Marietta injury attorney.