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If the party responsible for maintaining the property knew or should have known about the unsafe condition and failed to fix and/or warn visitors, they may be held liable for any injury resulting from the unsafe condition.
What Are Examples of Good Evidence That You Can Use in a Premises Liability Case? Pictures. ... Lease Agreements or Property Records. ... Accident Reports. ... Insurance Policies. ... Medical Records and Bills. ... Pay Stubs and Tax Returns. ... Witnesses. ... Experts.
Causation For a successful premises liability claim, it's not enough to prove that there was a hazardous condition. It must also be shown that the breach directly caused the injury. This means linking the property's unsafe condition to the accident.
Proving liability requires four factors to be present. Duty of Care. It must be shown that the defendant owed the plaintiff a duty of care (this is assumed with owning a driver's license). Breach in the Duty of Care. ... The Breach Resulted in an Accident. ... The Accident Resulted in Injury.
The Four Elements of Premises Liability The defendant was the property owner or occupier at the time of the injury. ... The defendant's care and maintenance of the property were negligent (negligence means roughly ?carelessness?). ... The victim suffered a tangible injury. ... The defendant's negligence caused the victim's injury.