Proving Fault in a Premises Liability Case
Proving fault and legal responsibility for an accident or injury (also called ‘”liability”) can be a complicated and lengthy process, but it is not impossible.
When determining who was legally at fault in a premises liability case, there are three distinct factors that are relied upon:
Duty Of Care
Establishing that the defendant had a legal responsibility to maintain the property and assure it’s safety is a vital component to determining liability in a personal injury case. To win your case, you must prove that the defendant did not take the basic precautions necessary to minimize dangers to others when performing actions that could result in harm, or otherwise provide a standard of reasonable care. You must prove that the defendant is the one who is responsible for ensuring safe conditions at the time and place of which your injury occurred.
Breach of Duty
Once you have established that the defendant was the one responsible for providing a safe environment and minimizing hazards, the plaintiff must then provie that the party in questions failed that duty, whether it be because of negligence or careless actions. This breach of duty occurs when the defendant had a reasonable opportunity to discover a hazardous situation and fix it in order to prevent injury, but failed to make any necessary rectifications immediately.
Cause of Injury
The final element required to prove fault in a premises liability case relies on proving that the breach of duty previously established was in fact the cause of the injury. The plaintiff must be able to show the court that the injury caused was the direct result of a dangerous situation that was caused by the negligence or careless actions of the defendant. You must be able to connect a direct line between the injuries you received and the hazardous situations, as the defendant’s lawyers may try to argue that your injury may have some other cause. You can do this using expert and lay witness testimony, as well as physical evidence.
There are many factors that can complicate your premises liability case. If you are concerned that you may have reason to sue for premises liability and these factors apply to your case, contact a Tucson personal injury attorney at Thrush Law Group today.