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 Jones & Swanson 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.