How to Win a Premises Liability Case
Here’s Everything You Need to Know to Win Your Premise Liability Case
If you have been injured on another individual’s property, you may be entitled to receive compensation to pay for your medical and financial expenses. However, it may be difficult to show proof of fault in a premises liability case. This is why it is important to gather as much information as possible to have the best opportunity of winning your case.
Essential factors to include when gathering evidence are:
- Duty of care. You must show proof that the defendant had the responsibility to make sure that their property was in a safe condition. The defendant would have to make inspections and check to see if there are any foreseeable risks or hazards that need to be fixed. Basically, they must take any action needed to reduce any potential harm that may be inflicted onto individuals utilizing their property. You may document this duty of care by making a copy of the lease (for a home or apartment) or a contract (for employment) that identifies the defendant as the responsible party.
- Breach of duty. After you are able to identify that the defendant had a duty of care, the next step is to prove that they failed at doing their part in maintaining a safe environment due to negligence or lack of care. Negligent acts include not only being aware or needing to be aware of foreseeable acts possibly leading to an injury, but not doing anything to prevent them from occurring. Lack of care would include leaving objects around that may result in an injury for another individual who is walking in that area.
- Breach of duty results in an injury. Once both factors have been proven, the final step is to show proof that the breach of duty caused your injury. You must show proof to the judge that the defendant’s negligent behavior or lack of care resulted in you getting injured because of it. To do this, you must have witnesses or physical evidence. Witnesses would be the individuals who witnessed your injury, while physical evidence could be having a physician provide medical documents on your recovery process from the injury you suffered.
Types of Evidence to Use
- Pictures or footage. Take pictures of the area where you got injured as soon as the accident happens. This way you can accurately record what exactly was going on around you when it happened. Make sure to include pictures of your injury and what caused it. You may take pictures or record the incident. As long as you have visual proof, that is all that matters.
- Accident report. This primarily applies to individuals that made a report to the property owner or the city. Make sure to get a copy of that report. If you spoke to the property owner without getting written documentation, make your own and record what happened during the conversation. Include the property owner’s name and their position.
- Insurance policies. Get a copy of the property owner’s insurance policy that indicates how the policy will cover your injuries.
- Medical records and expenses. It is highly recommended to use medical records and expenses as proof of your injury. Additionally, getting testimonials from your physician would be ideal as well. This will show a substantial amount of proof in regards to how severe your injury was. With medical bills, it will give the court an idea on how much they will compensate you during your recovery process.
- Witnesses. Get names and contact information from any individual that witnessed your injury. Also, you may include friends or family members to make statements about how they have witnessed your life negatively changing after the incident.
- Property records. This will indicate that the defendant was the owner of the property in which you got injured.
Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:
- Loss of Earning Capacity
- Medical Bills
- Lost Wages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:
- Emotional Distress
- Pain and Suffering
- Loss of Enjoyment of Life
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5 percent of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.
Contact Us to Find Out How We Can Help
If you have sustained injuries in the city of Los Angeles as a result of a premises liability incident, our expert team of personal injury attorneys at West Coast Trial Lawyers will help you get the compensation you deserve for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering. Call us today at (888) 539-9582 or email [email protected] to schedule a free, no-obligation consultation with our experienced, caring, and compassionate legal team.