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What to Prove to Win a Premises Liability Case

What to Prove to Win a Premises Liability Case

Premises liability refers to a property owner’s potential legal responsibility for injuries suffered due to unsafe conditions on his/her property. Owners are required to ensure that their property, whether it’s a building or open space, is a secure environment for visitors.

In order for the injured person (the plaintiff) to recover compensation from a premises liability claim, he/she will have to prove all of the following:

  • The defendant (person causing the injury) owned, occupied, or leased the property. The first thing you need to prove is that the defendant owned, occupied, or leased the property. You must make it clear that the owner, occupier, or lessee had a duty to inspect the property and to ensure that the property was in reasonably good condition based on its intended use.
  • The defendant was negligent in the use of property. Once you establish ownership of the property, you must show that the property owner did not fulfill his/her duty of care by failing to warn visitors of known and latent dangers on the premises, which visitors may not discover on their own. This duty of care also applies to conditions that the property owner would have known about had he/she exercised reasonable vigilance. It is critical to proving that the defendant had a duty to provide a safe environment on the property at the time the accident occurred.
  • The plaintiff was harmed. You must show that you were injured. You can provide medical bills, documents describing the extent of your injuries, your testimony, and the testimony of any treating doctors. Describe how your injuries and ongoing medical care will affect all aspects of your life.
  • The defendant’s negligence was a significant factor in causing the harm. Lastly, you need to demonstrate that the defendant’s negligence was a substantial factor in causing your injuries. The harm you suffered must be reasonably foreseeable in light of the defendant’s action (or inaction). The defendant’s negligence must have materially contributed to your injury, not be the sole cause of it.

If you have been injured on someone else’s property in Sacramento due to negligence, request a free consultation with our experienced personal injury lawyer at Eliot Reiner, APLC today. Get 25+ years of legal experience on your side immediately!

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