Victims who sustain injuries on or in a commercial or residential property have the right to seek compensation. The laws require the victim to present evidence that substantiates their claim against the property owner that shows why the owner is liable for the injuries. Reviewing 5 tips to win a premises liability suit shows victims what they must prove in their case.
Prove That the Property Owner Was Aware of the Hazard
Proving that the property owner was aware of the hazard substantiates the victim’s claim that the property owner failed to provide a proper duty of care to the victim. According to the law, property owners must eliminate all hazards on their property that could lead to an injury. Proving that the property owner knew about the hazard shows that the location of the hazard made it impossible for the property owner to overlook it, making that owner liable for all injuries produced because of the hazard. Victims who have become injured due to the failures of a property owner can contact the Uvalle Law Firm for more information about a premises liability claim.
There Were No Warning or Caution Signs
All commercial property owners are required to use warning or caution signs to warn visitors or customers about a possible hazard or risk. For example, if the flooring is wet in a retail store, the manager must ensure that warning signs are placed around the hazard to prevent visitors from slipping and falling. A failure to warn the public of the hazard presents the property owner with an immediate liability if anyone falls and becomes injured. This same concept applies to uneven flooring and construction areas inside or outside the property. It is necessary for the property owner to use proper warning signs to prevent injuries and accidents.
No One Tried to Correct the Hazard
If no one tried to correct the hazard, this also makes the property owner liable. In a retail setting, the manager must train their workers to mitigate the risk of a customer injury. For example, if chemicals are spilled on the flooring, the worker must place signs around the affected area, and it is necessary for them to clean up the mess or submit a request for maintenance services that manage the spills.
The Accident Caused the Victim’s Injuries
It is necessary for the victim to present evidence that shows that their injuries were caused by a hazard inside or outside the property. Medical records must show what caused the injuries, and it is necessary to secure video footage from security cameras that showed the accident when it happened. The victim cannot play a role in causing their injuries.
Victim Had the Legal Right to Be at or On the Property
The victim’s legal right to be on or inside the property must be established, too. For example, if it is a commercial property, the victim must show that the business was open and accessible to the public. If it is a residential property, the victim must show that they had the owner’s permission or they had the right to be on the property as part of their job duties.
Victims have the legal right to file a lawsuit against a property owner if the victim was on or inside the property lawfully and sustained an injury. The claim must show a hazard for which they weren’t any way the owner wasn’t aware of the condition and the owner’s negligence caused the victim’s injuries. Reviewing tips about premises liabilities helps victims of these events seek the compensation they deserve.