Were you recently injured on someone else’s property? Seeking compensation and wondering how you can prove that the property owner was negligent? These are a few things that you’ll need to do to prove negligence, as well as how a Houston premises liability lawyer can help you.
Ask a Houston Premises Liability Lawyer: How Do You Prove Negligence in a Premises Liability Case?
Hire a Lawyer
The best to prove anything in any kind of legal battle is first to hire a lawyer. Lawyers know the law inside and out and can help you gather all the necessary evidence and present your strongest case.
You’ll want to work with a lawyer who specializes in premises liability to ensure that your case has the best shot possible. Your lawyer will guide you through the entire process and support you at every turn. Visit this page to learn more about how your lawyer can help you.
Prove There Was a Duty of Care
The owner of the property where you were injured owes you a duty of care. This means ensuring that their property is safe for people who have been invited onto it, lead to it, or induced to visit it.
This is generally one of the easiest parts of your claim to prove, as you’ll just need to show that your visit fell under this description. In instances like these, the property owner owes you a duty of care, whereas they wouldn’t to someone trespassing on the property, for example.
Prove the Duty of Care Was Breached
The next step in your legal claim is to prove to the courts that the property owner breached their duty of care. This duty can be breached in several ways. Bear in mind that the owner must also know about a particular hazard. This can be by seeing it or hearing about it.
For example, if you visit a store and an employee is mopping the floor and does not clearly indicate the floor is wet, this could result in a slip and fall accident. Since the employee did not indicate the potential hazard, the liability falls upon the property owner.
Prove That You Were Injured Because of This Breach of Duty
In cases like these, you’ll need to prove that the hazard resulting in your injury was not one that you could have easily avoided. You will also need to show that your injuries were the result of the accident that took place.
For instance, using the above example, if you slipped on a wet floor in a store and this resulted in you breaking or fracturing a bone, then this is an injury directly caused by the accident.
Prove You Suffered Damages Because of the Injury
Some accidents result in only minor damages. For instance, minor slips and falls may not require any extensive treatments or therapies. However, if you incurred major injuries in your accident, then you deserve to be properly compensated for them.
So what actually counts as damages? Things like medical bills and medications prescribed to you to treat your injuries can count toward damages. The same is true for any physical therapy you may require to regain mobility or lost wages if you can’t work while you recover from your injury, as well as for the pain and suffering you have experienced.
What Kinds of Evidence Do You Need?
Document the Accident
As soon as possible after the accident takes place, you should document everything you know about the accident. Take the time to write down all the details while they are fresh in your mind so you can accurately present the information to the courts.
Talk to Witnesses
Did anyone see your accident? If there were witnesses, you’ll want to make sure you take down their names and contact information.
Witness testimony can do a lot to support your claim and prove that you were not liable for your accident. Your lawyer will contact the witnesses and take statements from them.
Track Your Damages
You’ll need to keep track of all your damages after your accident so the judge can properly determine what your compensation should be. This means getting any medical records, notes from doctors, and medical records.
If you had to take time off work, make sure you track your missed wages as well. To prove that you suffered physically and emotionally, it may also be a good idea to keep a pain journal where you document your injury and your physical recovery and how your injury has made you feel daily.
Getting into an accident on someone else’s property is frightening. If the property owner owed you a duty of care, you should be compensated for your injury. Your lawyer will help you present your best case and get you the compensation you deserve.