As the injured party or plaintiff in a premises liability lawsuit, there are a few things that you will have to prove on your part in order for your case to be considered viable so each party can proceed with preparing their arguments.
First, you must be able to prove that the defendant is the property owner or responsible party in the accident. This will be based off of if they are the person that is supposed to be making decisions regarding the safety of the property and taking measures to prevent any foreseeable risks.
Next, you must be able to prove that the defendant displayed negligence. This is based off of four requirements. You must be able to show that a defendant had a duty of care owed to you, which is determined based on your entrant status. If you were an invitee, someone invited to the property for the owner’s benefit, or a licensee, someone on the property for your own amusement, you were owed a high duty of care to be protected from any foreseeable risks on their property. As long as you were lawfully there and not trespassing, there was a duty present. You must then show this duty was breached, and that this breach was the cause of your injuries, and that you suffered damages from it. Your attorney will help you in determining all of this after getting the details of the event.
Then, you must prove that you were injured. This can be done through photos, medical records, and your own personal testimony as to how you were injured and how it affected you.
Lastly, you must prove that the defendant’s negligence was a significant factor in your injuries. You should be able to determine that their lack of foreseeability for the condition causing your injury was the cause of your accident.
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