What evidence is necessary to support a premises liability claim?
To support a premises liability claim, several types of evidence are typically necessary to establish liability and demonstrate the extent of injuries suffered. Here are some examples:
Incident Report or Documentation: If available, an incident report or documentation of the accident should be obtained. This report may be filed by the property owner, manager, or security personnel and can provide details about the incident, including when and where it occurred, and any conditions that contributed to the accident.
Photographs or Video Evidence: Visual evidence such as photographs or videos of the accident scene can be invaluable. This evidence should capture the hazardous condition that caused the accident, such as a wet floor, uneven pavement, or inadequate lighting.
Witness Statements: Statements from eyewitnesses who observed the accident can corroborate the injured party's account of what happened. Witness testimony can provide crucial details about how the accident occurred and who may be at fault.
Medical Records and Bills: Medical records documenting the injuries sustained in the accident are essential. These records should detail the nature and extent of injuries, treatment received, and prognosis for recovery. Medical bills and expenses incurred as a result of the injuries should also be documented.
Maintenance and Inspection Records: Property owners have a duty to maintain their premises in a reasonably safe condition. Maintenance and inspection records can show whether the property owner knew or should have known about the hazardous condition that caused the accident and whether they took reasonable steps to address it.
Expert Opinions: In some cases, expert opinions may be necessary to establish liability. For example, an expert in building code compliance may testify about whether a property's design or construction met safety standards.
Past Complaints or Incidents: Evidence of past complaints or incidents involving similar hazards on the property can be relevant to establishing the property owner's knowledge of the dangerous condition.
Evidence of Financial Losses: Documentation of financial losses resulting from the accident, such as lost wages, rehabilitation costs, and other out-of-pocket expenses, should be retained.
By gathering and presenting this evidence, an injured party can strengthen their premises liability claim and improve their chances of obtaining fair compensation for their injuries and damages.
