How Do I Prove Negligence in a Premises Liability Claim?

premises liability claims

One of the most common types of personal injury claims is premises liability claims. Every year, more than 8 million people in the U.S. end up in the emergency room for slip and fall accidents. Others find themselves in the same place for dog bites, elevator accidents, and inadequate security. If you’re one of the many who have suffered from a premises liability accident, you can seek compensation. But first, you need to prove negligence.

What is Negligence?

Before you can learn how to prove negligence, you need to understand what it is. In regards to premises liability, negligence occurs when a property owner does not keep their grounds in a reasonably safe condition. But property owners aren’t the only ones who have this duty. Business owners, government entities, schools, and store owners all have a duty to maintain safe premises.

Typically, the negligence involves one of the following situations:

  • Failure to clean up debris or a spill
  • Lighting that is too dim
  • Exposed wires on the premises
  • Uneven flooring
  • Improper maintenance
  • Failure to comply with safety standards, like a fence around a swimming pool

It’s the duty of the owner to repair hazardous conditions within a reasonable time. Furthermore, it’s also their duty to warn visitors of dangers. For instance, it’s not enough for a store employee to wipe up a spill. They should also put up a sign that warns people of the wet surface.

How Can You Prove Negligence?

To prove that the owner is liable for your accident, you need to prove that their negligence caused the accident. You should document the incident with pictures and videos. If there were any witnesses, collect their information.

You need to be able to show that the owner had enough time to discover and fix the hazard. If the hazard only became apparent seconds before your accident, the owner could have done nothing to prevent your injury. However, if it happened hours ago, they should have discovered it and fixed it.

You might be able to prove that the owner could have prevented the incident completely. For example, they could have a poorly lit parking lot. Had they installed better lighting, your accident never would have happened.

Showing That You Were Not Trespassing

According to Florida law, people who are trespassing on someone else’s property are not able to seek compensation for a premises liability claim. The only exception is for property owners who knew the trespasser was on their property. If the owner knew the intruder was there, they have a duty to avoid harming them. That said, there are different laws for trespassing children. If a child is trespassing on someone’s property, the owner could be held liable for their accident. Any attractive nuisances, such as pools and trampolines, should be secured.

Therefore, you need to prove you were invited onto the property or that you were a licensee. A licensee is someone who was not invited or had no business with the owner of the property. For instance, it could be a friend someone brought to a party.

If you can prove that you were invited or a licensee, you may be able to seek compensation. To improve your chances of meeting the burden of proof, you should work with an experienced personal injury attorney. Personal injury attorney Yulric Abercrombie can take on your case.