When somebody is injured on another person’s property, they may be able to recover compensation for their injuries through a premises liability claim. This type of personal injury claim can be brought against the owner or occupier of the property where the accident happened.
In order to have a successful premises liability claim, there are a few elements that must be proven by a preponderance of the evidence, or that the alleged injury “more likely than not” was caused by the property owner’s failure to properly maintain the property. When evidence such as photos, videos, and witness statements support the injured person’s story, it can be easier to prove that the property owner was, in fact, negligent.
If you were injured on someone else’s property and you want to learn more about whether or not you have a valid premises liability claim, contact the Florida premises liability attorneys at Lytal, Reiter, Smith, Ivey & Fronrath today by calling (561) 655-1990 or completing the online contact form to schedule your free consultation.
Elements required to prove negligence
To win a premises liability claim, the injured party will need to prove the following elements:
Duty of care — Owners and occupiers have a duty to keep their property safe for visitors such as guests or invitees. This means that they must take reasonable steps to prevent accidents from happening and to fix any known dangerous conditions on the property.
Breach of duty — A property owner who knows about a dangerous condition on the property, such as an uneven sidewalk, and does nothing to either fix it or warn visitors of the hazard may be found to have breached their duty of care.
Causation — If the injured person can show that the property owner or occupier breached their duty of care, they will also need to provide evidence that their injuries were caused by the breach. This means that they will need to show that the accident would not have happened if the property owner or occupier had fulfilled their duty of care.
Damages — Finally, the injured person will need to prove that they suffered damages as a result of their injuries. These damages can include medical expenses, lost wages, and pain and suffering, all which must be supported by proper evidence.
Gathering evidence for a premises liability claim
Photographs – One of the most important types of evidence in a premises liability claim are photographs and videos of the accident scene. These photographs can help to show the dangerous condition that caused the accident.
For example, if someone slipped and fell on a wet floor, photographs of the wet floor and the lack of appropriate signage or posted warnings can be used to show that the property owner or occupier breached their duty of care. It’s important to take photographs as soon as possible after the accident so that the evidence is not disturbed or removed.
Witness statements – Witness statements can also be used to support a premises liability claim. If there were any witnesses to the accident, their statements can be used to support the injured person’s account of what happened.
For example, a witness can confirm that the floor was wet at the time of the accident. They can also testify about whether or not they saw any posted warnings. If possible, the contact information for any witnesses should be obtained at the scene so that your attorney can contact them.
Accident report – Authorities such as the police or fire department might prepare an accident report after responding to an accident. These reports can also be helpful in a premises liability claim as it may include information about the accident, the reported or apparent injuries that were sustained, and the names of any witnesses.
Medical records – The injured person’s medical records can also be used as evidence in a premises liability claim to show the extent of their injuries and the treatment that was required. Medical records can also be used to establish causation. That’s why it’s vital to seek prompt medical attention after an accident, even if the injuries seem minor.
Get help from an experienced premises liability lawyer
If you or somebody you love has been injured in an accident on another person’s property, you may be entitled to compensation. A Florida premises liability attorney can help you to gather the evidence you need to prove your claim and recover the compensation you need and deserve.
When you turn to Lytal, Reiter, Smith, Ivey & Fronrath, you can be confident that you have a team of experienced attorneys on your side. Contact us at (561) 655-1990 to request a free consultation with a member of our team.
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Lytal, Reiter, Smith, Ivey & Fronrath
515 N Flagler Dr, 10th floor
West Palm Beach, FL 33401
1860 SW Fountainview Blvd STE 100
Port St. Lucie, FL 34986
150 E Palmetto Park Road Suite 840
Boca Raton, FL 33432