How do I Prove Liability in a Premises Liability Case?
A premises liability case can come about if you are injured on another person's property. Whether it is a slip and fall accident, an elevator or escalator accident or a pool accident you may be able to hold to property owner responsible for their negligence. In order prove negligence of the owner there has to be evidence that their premises either had faulty design, poor maintenance, or objects/substances that could lead to slipping, tripping, or falling. When proving liability for the accident there are two basic rules:
- The owner has to keep the property safe
- The visitor must be using the property in a normal manner
For the first rule, the owner has a legal duty to not subject any visitors to an unreasonable risk. The risk could come from the design of the premises or the current condition of the grounds but either way the owner can be held responsible for their property. An example of this would be if a building owner does not fix a loose piece of tile or flooring and someone slips on that tile the owner can be considered negligent and at fault for the injuries.
For the second rule, if a person is acting out of the ordinary and injures him or herself, the owner may not be at fault. When looking at the action leading to the injury, it the injured person was acting in a dangerous or careless way, they may be responsible for their own injuries. An example of this would be sliding down the handrail and it breaking causing the visitor to be injured. It is not considered normal to slide down the handrail, a guest is expected to walk down the stairs so it may not be the responsibility of the owner to protect against that kind of behavior.
The key to proving liability in a premises liability case is forming a causal relationship between an owner's breach of duty and the occurrence of an injury. This can be difficult because causation is complicated to prove. In order to have the best possible opportunity for being compensated for your injuries, team up with a Manhattan personal injury attorney from our firm. We dedicate the time and resources to investigate into the details of our client's cases to build the strongest case possible. We look at any statements given, evidence provided and any other aspect of the case so that we know what to argue and defend against in court. We have over 75 years of combined experience at Segal & Lax so we are familiar with all types of personal injury cases. For serious and aggressive representation, call today!