When you have suffered serious injuries on someone else’s property, you may have grounds for a claim or lawsuit. However, if you hope to win a premises liability case, you will need to prove that:
- Another party owed you a duty of care to keep the premises safe from hazards or warn you of potential harm.
- This party failed to keep this duty of care by allowing the hazard to go unaddressed.
- The accident wouldn’t have occurred if not for their actions or inaction.
- You suffered injuries as a result.
Proving these elements of negligence is critical if you hope to recover compensation for your damages. Your premises liability attorney will be responsible for establishing how another party’s negligence or misconduct contributed to or caused the injuries you sustained based on the evidence available.
Establishing Liability in Premises Liability Claims
Arguably the most important job any premises liability attorney has is establishing fault. Proving negligence in a premises liability claim is essential if you hope to recover compensation for your damages.
Generally, the property owner where the accident occurred will be responsible for compensating you for injuries suffered on their premises. This is because property owners owe their invited guests and customers a duty of care. The property must be well-maintained and safe for these visitors at all times.
Failure to maintain the property and ensure guest safety is considered negligence, and the property owner can be held accountable to the fullest extent of the law accordingly. However, depending on the details of your case, other parties could also share liability, such as:
- Equipment manufacturers and distributors
- Tenants/lessees
- Company owners
- Employees
- Other third parties
The Burden of Proof in Premises Liability Claims
When you are taking legal action through a premises liability lawsuit, your attorney will be tasked with proving liability. Under the law, the burden of proof must be based on a preponderance of the evidence.
The evidence presented must show that the defendant is more than likely responsible for causing your premises liability injuries. This is much different than how cases are heard in criminal court, where the burden of proof must be beyond a reasonable doubt.
Evidence to Support Fault in Premises Liability Claims
Since the only way to win your case is by proving liability based on a preponderance of the evidence, the evidence obtained in your premises liability claim must be substantial. You want the documents and information presented to give the jury little doubt that the defendant is responsible for your accident or resulting injuries.
There are virtually limitless types of evidence that could support your case, depending on the type of incident that led to your injuries. Some of the more common types of premises liability accidents include:
- Escalator or elevator accidents
- Ladder accidents
- Stair accidents
- Accidents caused by negligent security
- Accidents caused by improper maintenance
- Snow and ice accidents
- Wet floors
- Unsecured carpeting
- Debris in walkways
- Broken pavement
Some of the more common types of evidence used to support such premises liability claims include:
- Police and accident reports
- Medical documentation of your injuries
- Photos of your injuries
- Photos of any property damages
- Photos of the accident scene
- Video footage of the incident
- Testimony from eyewitnesses and industry experts
- Chemical blood alcohol test results
- Other forensic evidence
Your personal injury attorney will conduct an in-depth investigation into the incident and your injuries to obtain the necessary evidence. You should not have to handle this alone.
What Damage Can Be Recovered in Premises Liability Claims?
When you have injuries from a premises liability accident, there are several ways you can be compensated. The first is by filing a claim with the liable party’s insurance company. You can also seek compensation through the civil court system. Some of the more common damages you could recover from the liable party include:
- Physical pain and suffering
- Lost wages
- Emotional distress
- Diminished earning capacity
- Inconvenience
- Diminished quality of life
- Property damages
- Medical expenses
If you hope to make the liable party pay for your damages in their entirety, having a premises liability attorney fighting for you can be beneficial. While you recover, they can work diligently to build a powerful case against the liable party.
Get Help From a Premises Liability Lawyer in Texas
The premises liability claims process can be overwhelming, as the burden of proof is on you. However, when you have our legal advocates on your side, you can focus on recuperating while we present the strongest case possible.
Reach out to Trujillo & Sanchez, P.C., to hire a Texas premises liability lawyer and learn more about what you have to prove to win your case. You’ll receive a no-cost, risk-free consultation when you call: (972) 725-7549.