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Proving Fault in Premises Liability Cases

Who is Responsible for Personal Injury?

Premises liability refers to any accident that occurs inside or outside any building, whether it is commercially owed, private property, or a public place. There are many ways that a person can suffer an unexpected injury on another's property, such as faulty hand rails, broken sidewalks, wet isles, and poorly lit parking lots. No matter what injuries were obtained, one of the important factors to establish in a personal injury lawsuit is who is responsible for the injury.

There are two factors that can help determine who is at fault.

  • Did the owner keep the property safe for visitors?
  • Did the visitor use the property in an expected manner?

The owner of a property is expected to ensure that there is no unreasonable risks present for anyone that may visit their property since they have control of the building. A visitor is expected to play their part by acting in a way the owner of the property would anticipate. Depending on the circumstances, fault can be shown by answering the above questions.

Proving the Fault of the Owner

When the owner of the property does not take care to ensure their property is safe, they fail to provide the proper standard duty of care. This duty of care is central to many personal injury cases.

There are a few things that someone must prove to show that the owner of the property was responsible for the accident, including:

  • The defendant owned the property where the injury occurred;
  • The defendant was negligent in their care and upkeep of the property;
  • The plaintiff was harmed on the property; and
  • The plaintiff's injury was caused by the defendant's negligence.

If these factors cannot be proven, it can be suggested that the plaintiff in a personal injury case was negligent in their use of the property. An example would be trespassing on a property that has significant warnings of its danger, such as fences or signs around certain parts.

Johnson, Beard & Trueb have over 40 years of experience fighting for justice for those that have been injured. Our firm can help show the premises liability of the owner of the property and fight for the restitution you are owed. Contact our firm to learn about how we can be an asset in any premises liability case.

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