A premises liability accident occurs when you are injured on someone else’s property due to negligence and a breach of their duty to you, the invitee or licensee. The occupier or property or business owner can then be held liable for your injuries and losses. If you believe that you have been in a premises liability case, there are a few things that you will have to legally prove in order for it to be viable.
At the most basic, you must prove that the owner or occupier owns the property, the hazard existed on the property and you were unaware of it, your injuries were directly caused by this hazard, and the owner knew or should have known that this hazard existed and did not warn you about it.
When suing for negligence, there are four elements of negligence that must be proven. You must prove that the owner or occupier owed you a duty of care (which applies if you are an invitee or licensee), and that that duty was breached in some way, their breach of duty caused your injuries, and that you were in fact injured or harmed from their actions (or lack thereof). An important aspect of the third requirement, causation, is that the accident or hazard was not reasonably foreseeable; if it was, then they may not be found liable since it would be seen by any reasonable person.
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