Q What evidence will help me prove my premises liability case?
If you have a personal injury claim, whether it's because of a car wreck, slip and fall, or other premises liability accident, you must prove your right to compensation. You do this by collecting evidence. In order to know what documents and other information that could be helpful, it's important to understand what to prove.
In a premises liability case, you must establish the following:
- Who you claim is responsible for compensating you due to negligence
- Whether that claimant is the owner or occupier of the property
- You suffered an injury
- Your injury was caused by an unsafe condition on the property
- The owner had a duty to fix the hazardous condition or put up a warning to the danger but failed to do so
Evidence to Prove a Negligent Property Owner’s Liability
In addition to understanding what you need to prove in your case, be sure to identify the areas of dispute in your claim. This will make it easier to decide what evidence to collect.
As you start to establish your premises liability claim, here are some of the types of evidence that are often helpful for such cases:
- Photographs. Record the accident scene, what caused your injury, and your injuries. Photos and video can be powerful evidence of both the negligent actions that led to your accident and the severity of your injuries.
- Accident report. This documents the fact your accident occurred and that you notified the responsible party of it. It can also provide you with important contact information for the negligent party, premises employees, and witnesses to what occurred.
- Property records. You'll need to collect the property records, such as a deed, to determine the owner of the property. If a business or individual was leasing the property where you were injured, you also want to review the lease, as it could determine whether the lessee or owner is responsible for compensating you.
- Medical records and bills. This evidence helps establish the seriousness of your injuries, treatments you received and will need in the future, your final prognosis, and the cost of your medical care.
- Pay stubs and tax returns. Your pay stubs, employment records, and tax returns prove wages lost when you were off work recovering from your injuries. It can also help show the other losses from your job—such as vacation and sick time, promotions, and bonuses—for which you should receive compensation.
- Witnesses. The statements and testimony of third-party neutral witnesses who don't know you and have no stake in your claim can be especially persuasive to substantiate your claim of negligence.
- Expert witnesses. Medical experts, accident reconstruction experts, and economic experts are a few kinds of expert witnesses you could find helpful in proving the negligent party’s liability, or the amount of compensation you should receive.
If you were hurt on someone else's property under negligent circumstances, you need the help of an experienced premises liability attorney to determine the crucial evidence you need and to assist you with collecting it. Call our office today to schedule your free consultation with attorney Alan Morton.