To prove negligence in a premises liability case, you must show how the owner or business operator failed to address or warn of a dangerous hazard that led to your injuries. Their failure is one of the four elements of negligence required for victims to have a viable case for compensation.
Were you injured on a property in Metro Atlanta that belongs to another person? You could hold them accountable with the help of an Atlanta premises liability lawyer.
What Are the Elements of Negligence?
Premises liability cases differ from other injury lawsuits in many ways. However, like any personal injury case, they require evidence of negligence at their core. Building a winning negligence claim requires that you establish all four of the following elements:
- Duty of Care. The duty of care is an obligation one person owes another to protect them from harm. In premises liability cases, this duty differs based on the relationship between the parties.
- Breach. A breach is the breaking of this duty. It can involve an act or omission that allowed a dangerous hazard to injure you.
- Causation. Causation is the link between an accident and your injuries.
- Damages. You must have sustained losses (tangible or intangible) due to the accident.
Failing to establish even one of these elements means the end for your case.
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Understanding the Duty of Care in Premises Liability Cases
Before looking for evidence or considering proof in a premises liability case, you must first understand that the duty of care (obligation) that a property owner owes someone depends in part on their relationship with the injured victim.
According to O.C.G.A. § 51-3-1, property owners and occupiers are on the hook for any injuries that a visitor “by express or implied invitation” suffers due to a failure to exercise “ordinary care” in addressing hazards on the premises. This obligation extends to every corner of the property, including inside buildings and outdoor areas like parking lots and sidewalks.
The extent of a property owner’s duty depends on the purpose of the visitor’s presence and their authority to be there. Social guests and business customers enjoy greater protection under the law than trespassers.
Finding Evidence that the Defendant Breached the Duty of Care
Once you establish the property or business owner’s duty of care, you will need evidence showing how they breached it. This evidence can come in many forms, given the limitless number of property hazards available.
Photographs of the Unsafe Condition
You could snap a picture of the hazard that caused your injury, such as a broken handrail, a spilled drink on the floor, or a frayed carpet. You’ll also want photos of the surrounding area to show no warning signs were present. While still photos are compelling evidence, a video of the incident is even better.
Incident Reports
Incident reports are written statements collected by a business when an accident occurs. They are not typically admissible at trial, but they can provide important leads to obtain other evidence, including witness names.
Maintenance Records
Many businesses document their maintenance and repair schedules. This paperwork could provide insight into whether the company made reasonable efforts to keep the premises in working order.
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Establishing Proof of Causation in Premises Liability Cases
The third element of a premises liability case is causation. Proving the link between a dangerous property hazard and your injuries is essential. For instance, suppose you slipped on an icy sidewalk, breaking your hip. You must show that your broken hip resulted from this incident.
Medical records from an emergency department visit could establish that link. Also, expert medical testimony could prove valuable if you had a pre-existing injury that the accident aggravated. A medical professional could review your records and testify that the accident on the defendant’s property worsened your condition, which a jury might find as grounds for a monetary award.
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Evidence Related to Your Damages in a Premises Liability Claim
The evidence of your losses often differs from what you might rely on to establish liability. It frequently includes records showing the precise amount of your measurable losses.
Hospital Bills
The cost of medical care can become overwhelming after a premises liability accident. To recoup these expenses, you can rely on the bills and invoices from your care providers. With these records, it is generally possible to identify the cost of your treatment down to the penny.
Repair Invoices
Property losses can also be a big part of your recovery, but you will need evidence to establish their value. While property claims are more typical in motor vehicle accidents, items like cell phones or eyeglasses could have been damaged or destroyed in the incident. You could use repair bills or documentation of the replacement cost to show the value of your property losses.
Employment Records
You also have the right to seek compensation for any lost income during your recovery period. For example, hourly workers would use their employment records to show their wage rate at the time of the injury. You can also use those records to calculate how many hours you would have worked had you been well enough. These documents might also help recover compensation for sick days or paid time off (PTO) you used.
Pain and Suffering
This category awards damages for the physical pain and emotional distress you’ve suffered following the accident and how it affects your daily life.
Discuss Your Premises Liability Case With Our Firm
If you suffered an injury in a premises liability accident, you do not have to build your negligence case alone. Instead, you can rely on a team of lawyers who have your best interests at heart.
At Kaine Law, we are ready to help you pursue the financial compensation you deserve. We will evaluate your claim and identify compelling evidence to prove negligence in your premises liability case. Contact us today to learn more.
Call or text 404-214-2001 or complete a Free Case Evaluation form
