Premises liability is a legal concept which often comes into play in
personal injury cases where the injury was caused by some type of unsafe or defective
condition on someone else’s property. In order to win a premises
liability case, the victim must prove that the property owner was negligent
with respect to ownership and/or maintenance of the property.
The following are several ways to strengthen your case and improve your
position in settlement negotiations:
Establish “causal link” – In most personal injury cases, your doctor can determine the link
between negligence or a defect and your injury. During your scheduled
visit, ask your physician if he or she is willing to provide a letter
that describes which injuries are attributable to the premises’ defect.
Prove “notice” of hazardous condition – In a premises liability case, it can be difficult to prove that
the property owner was aware of the dangerous condition prior to your
injury. The most common ways to prove that a property had notice of dangerous
condition is by sworn testimony from someone who knows how long the dangerous
condition existed, video surveillance, and incident reports.
Document the recovery process of your injury – While medical records can show the full extent of your injury,
taking pictures of the injury recovery process or maintaining a journal
to record your experiences related to your injury are the best ways to
document your injury.
Keep track of your expenses – Whether they are medical bills or lost earnings from missing work,
document every expense you incur which relates to your injuries.
Hire a personal injury lawyer – Having an attorney who is experienced in handling premises liability
claims can have a significant impact on your case. A lawyer can investigate
your accident, examine all of the evidence, negotiate with insurance carriers,
handle all of your paperwork, and help you make a successful claim.
For more information, request a
free consultation with our Fort Worth personal injury attorney at the
Law Office of James M. Stanley today.