How to Prove Negligence in a Premises Liability Case
A premises liability claim may have a confluence of factors that compounded and came together to cause an injury. Faulty construction, a slick floor that causes a slip, or a loose pet that bites can all be the source of an injury. But a premises liability claim requires more than just unfortunate circumstances causing injuries.
A premises liability claim requires some degree of fault on the property owner’s part. In other words, there must be evidence that the property owner was negligent. Proving that negligence is central to the work of a trusted premises liability attorney.
If you’ve been injured on someone else’s property there may be compensation available for your injuries. When clients turn to My 25% Lawyer, we go to work tracking down the evidence of negligence to get them the compensation they’re owed.
Premises Liability Injuries Must Be Caused by Negligence
In a premises liability case, the injuries at issue must have been caused by the property owner, their employee, or their representative’s negligence. What courts consider negligence in a premises liability claim depends on the relationship between the property owner and the injured party.
If the injured victim is considered an invitee, property owners have an obligation to make the premises and approaches (walkways, staircases, etc) safe. Customers shopping in a store are a typical example of an invitee because they are on the premises for the mutual benefit of the property owner and themselves.
If the injured victim is a licensee, like a guest in a private residence, then Georgia law typically only requires that they not intentionally injure the licensee and warn them of dangers that the property owner is aware of.
Property owners owe the lowest duty of care to trespassers. These are people who intentionally go onto property owned by another without the privilege (like the owner’s consent) to be there. For trespassers, GA Code § 51-3-3 only requires that property owners not intentionally or recklessly injure them.
Another important consideration is what information the injured victim had. When the victim has knowledge of the hazard equal to the property owner, then the claim may fail. This can be especially true when the danger was something that the property owner could not have foreseen existing on the premises.
Evidence of Negligence for a Premises Liability Case
Given the scope of obligations courts impose on property owners, a premises liability attorney may have to provide evidence showing what type of guest the injured victim was, how the property owner failed to act as they should have, and that the injured victim was ignorant of the hazard that caused their injury.
Surveillance Videos
One of the most important pieces of evidence in a premises liability claim is surveillance footage. Tracking down this footage can be harder than it seems, as most footage is deleted on a set schedule, meaning victims should contact a premises liability attorney quickly for help obtaining it.
The surveillance footage may contain enough evidence to show that a guest was an invitee rather than just a licensee. For example, going into a store doesn’t automatically make you an invitee. If you only go in to use the restroom or ask for directions, you’re a licensee, but if the surveillance footage shows you also shopping, you may become an invitee.
The footage might also show that there was a hazard known to the property owner, but unknown or unknowable to the injured victim. Both can potentially sway a jury towards a favorable verdict for the victim.
Eyewitness Testimony
Having forms of eyewitness testimony can help to corroborate surveillance footage or clarify whatever remains unclear. Memory, like surveillance footage, can disappear quickly. Eyewitness accounts are the best and most accurate within the first 24 hours after the accident.
Accident Reports
In the case of an injury or slip and fall on a business’s property, one of the first steps after getting medical attention should be to notify the business itself. A complete reading of their accident is essential before signing off on it because it can be used to establish the official story of what happened. If there’s discrepancies or inaccuracies, it’s best to have them cleared before signing the form.
If there’s an injury at a private residence, it’s best to notify the police to generate an accident report. The officer’s report can become an objective source of information about how and why the accident occurred.
Photo and Video Evidence
Another key source of evidence to prove negligence in a premises liability claim comes from photos and videos of the accident scene. If possible, attempt to capture these in the moments immediately following the accident. This way, they’ll have metadata that timestamps when and where the picture or video was taken to corroborate and recreate the accident scene.
Maintenance & Inspection Records
Inspection records for homes, businesses, and apartment complexes can provide evidence of what caused the injuries and whether or not the property owner was negligent in maintaining them. Were there issues that went unaddressed?
The inspection and maintenance records can also help to establish what the property owner knew or should have known about the premises. Was there shoddy workmanship that they approved of? Did they call about a problem but refuse to pay to get it fixed? These might point to negligence.
Turn to A Trusted Premises Liability Attorney
Investigating every possible source of negligence to win premises liability cases for our clients is what we do at My 25% Lawyer. If you’ve been injured on someone else’s property, contact My 25% Lawyer today for help getting the compensation you’re owed.
