A slip-and-fall or trip-and-fall accident can result in serious and long-lasting injuries. If you don’t take action to recover compensation, then you could be left in a predicament where you lack the financial resources needed to pay for your medical care and rehabilitation. You’ll also be unable to recoup the wages you’ve lost from missing work. All of this can compound to create an emotionally overwhelming time, which can disrupt your enjoyment of life and your relationships.
With so much on the line, you can’t take legal action without a solid strategy. But how do you go about building a premises liability lawsuit? That’s a good question, and one you need answered to set yourself on a path toward a successful outcome. So, let’s take a closer look at how you can start crafting a persuasive premises liability claim.
Tips for building a successful premises liability lawsuit
What you have to show in your premise liability case is going to depend on your relationship with the property and its owner. For example, if you were trespassing onto the property when you were injured, then it’s going to be very difficult to show that you should be awarded compensation. If, on the other hand, you were invited onto the property, then the property owner owed you a duty of care to ensure that the premises was free from hazardous conditions or that you were warned of those dangers.
Much of the focus, then, is on the hazardous condition itself and the steps that the property owner took to identify and correct them. A jury will consider whether the property owner took reasonable and timely action to protect you from the hazardous condition and remedy it, so they might find the following evidence compelling:
- Surveillance footage: If you were injured in a store or somewhere else that has security video, then gaining access to those recordings could be crucial to your case. They can show how long it took the property owner to identify the hazard, warn others on the property, and mitigate or eliminate the danger. This can address the reasonableness aspect of your case. It can also show the accident itself, thereby painting a vivid picture of your accident’s severity.
- Witness testimony: If you can’t turn to video evidence, then you might need to seek out witnesses who saw the hazard and can help establish a timeline.
- Photographs of the scene: After your accident, you should try to take pictures of the accident scene. This will show whether the property owner took any action to warn you of the condition as well as how obvious the danger should’ve been. If you’re unable to take these pictures, maybe a friend or family member who was with you or who can get to the scene quickly can assist.
- Historical complaints: If you can get your hands on prior complaints filed against the property owner, then you could uncover a pattern of dangerous conditions that go unchecked. This can be powerful evidence in your premises liability lawsuit.
Don’t skimp on building your premises liability claim
The outcome of your premises liability lawsuit can dictate what your recovery looks like for a long time to come. Knowing that, be diligent in gathering evidence and crafting your legal arguments. While it might be stressful to think about and carry out, doing so will give you peace of mind and a better shot at securing the future that you want for yourself.
