Evidence in Premises Liability Lawsuits

Premises liability law seeks to hold property owners responsible for injuries to visitors caused by dangerous conditions on the property. Property owners owe a duty of care to visitors—including invitees and licensees—to keep their property free of hazardous conditions that could cause personal injury or wrongful death.

To prove you’re entitled to compensation, you must prove a breach of duty of reasonable care. This means a property owner breached a duty of care to others that caused harm. To prove your case, you must have compelling evidence. An experienced premises liability lawyer in your area can help you build the strongest case in your premises liability lawsuit. Read on to learn what proof you need to prevail.

Importance of Evidence in Premises Liability Cases

If you sustained a personal injury due to a property owner’s negligence and made a premises liability claim, you must prove your case to recover damages. Evidence plays a critical role in personal injury cases, including premises liability lawsuits.

Premises liability cases come in all types. For example, they can involve:

• Having a slip-and-fall accident on a wet floor at the grocery store
• Sustaining an injury in a swimming pool accident
• Slipping on snow at an apartment complex parking lot
• Getting a dog bite from a loose dog

You must produce evidence supporting your claims to increase your chances of a favorable outcome. Acting early is the best strategy for collecting and preserving evidence. Don’t delay in collecting evidence. Get a lawyer involved as soon as you can—they can start preserving evidence and building your case. The insurance company will have lawyers working for them, so you want to have legal representation on your side, too.

Types of Evidence Needed

A premises liability case is a personal injury case relating to unsafe conditions. You can seek damages for your injuries, including loss of income, medical bills, and any other losses related to the accident.

To recover damages, you must prove that the property owner was liable for your claim because they failed to keep the property in a safe condition. Your type of premises liability case determines the evidence you need.

Photographic and Video Evidence

You know the saying: A picture is worth a thousand words. This is especially true in personal injury cases. You’ll want video or photographic evidence of the hazard that caused you harm and the accident scene, if possible.

You’ll want to capture the accident scene immediately after the accident. You don’t want the opposing personal injury lawyer to alter the scene or claim there was no hazard.

Witness Testimony

Eyewitnesses play a critical role in establishing your case. Witness statements and testimony can help prove what conditions existed at the property and how you were injured. Getting names and contact information for anyone who may have witnessed the incident is critical.

Maintenance and Incident Reports

Different types of premises liability cases have different types of reports, including:

• Maintenance reports
• Incident reports
• Accident reports
• Police reports

Obtain a copy of any such reports. If no report is available, it’s important to write down the essential details of the incident and the names of any property owner, employee, or witnesses. For car accidents, there’s usually a police report.

Expert Witnesses

In many premises liability cases, expert witness reports are critical pieces of evidence for building a strong case. You may need a medical expert to help connect your injuries to the accident or to help describe how a particular hazard on a property caused your injury. Finding the right expert can help you compile the evidence you need to win the compensation you deserve.

Insurance Policies

If you filed a claim against a property owner or their insurance company, it would help if you obtained a copy of the property owner’s insurance policy showing that your damages and injuries are covered. This helps your case if the defendant disputes the coverage limits for your claim.

Pay Stubs and Tax Returns

Pay stubs and tax returns help prove your damages. They help establish your lost wages if you’re unable to work. Your tax returns demonstrate how much income your injury costs you when you can’t return to work for an extended period after your injury.

Medical Bills and Records

Testimony from your treating physicians and medical records will demonstrate the severity of your injury. Records of your medical treatment can also show the treatments required for you to be able to return to health.

Records of your medical expenses help to prove the treatment costs for your injury. Then, you can establish the amount of compensation you need to recover from your injury.

The Role of an Attorney in Evidence Collection

Proving fault in a premises liability case can be complicated. Most cases require a lawyer to ensure the best outcome. Personal injury attorneys handle all aspects of their clients’ cases, including evidence collection. Experienced lawyers specializing in premises liability cases are well-versed in personal injury law. They know how to gather evidence relevant to your case. Most personal injury attorneys, including premises liability lawyers, offer a free case evaluation. Get help from an experienced local premises liability attorney today.