St. Louis, located in the state of Missouri, is not only a vibrant city but also one of the most populous cities in the state. It is one of the major economic hubs, giving jobs to many people. The diverse range of attractions in the city also brings in a lot of tourists each year.
Since the city has a lot of places to visit and public places such as grocery stores, etc., the chances of injuries occurring in such places also increased, leading to premises liability cases. A premises liability case arises when a person is injured on public property or property owned by someone else due to negligence.
A poorly maintained property, a slippery floor, defective stairs, etc., can lead to serious injuries. Which is why it is essential that anyone involved in such cases should be able to protect their rights. But filing a premises liability claim requires you to prove that the property owner was negligent. Getting help from a St. Louis premises liability attorney can help you gather the right evidence and prove negligence by the property owner.
Here are a few ways to prove negligence in a premises liability claim.
1. Establishing Duty of Care
The first step to prove negligence in any premises liability case is to prove that the property owner had a duty of care to ensure that the place is safe for you. For example, if you are a guest or a customer at a shop, the shop owner and employees have a duty of care to ensure that the shop is safe for its customers.
The owners of the property have the duty to check the property at regular intervals for any damage to the property or hazards that can injure the people visiting the property.
2. Proving that a Dangerous Condition Existed
The next step is proving the cause of the injury. So, you need to show that the hazardous condition that caused the accident was present. A few examples of dangerous conditions include wet or slippery floors, broken handrails, poor lighting, uneven floors, faulty wiring, etc.
You can take photographs or videos of the hazards or get witness statements of the incidents, which can be used to document and prove the unsafe conditions.
3. Proving the Owner Knew About the Hazard
In a premises liability case, you must not only prove that the hazard caused your injuries but also prove that the owner knew about the hazard and failed to take any action to fix it. For example, a spilled drink lying on the floor of a store for an extended period was not cleaned up by the staff, or the lighting of a place has not been fixed for weeks.
You can use evidence such as maintenance records, cleaning logs, and statements from other employees or visitors to prove the negligence.
4. Proving That the Hazard Directly Caused Your Injuries
Once you establish a duty of care and prove negligence, you must prove that the negligence directly caused your injuries. Having medical records that have been taken immediately after the incident and expert testimony can establish a direct link between your injuries and the unsafe conditions of the place.
Conclusion
- Proving negligence is crucial to win a premises liability claim.
- To prove negligence, the first step is to establish a duty of care.
- Then you take photos or videos of the scene to prove the hazards.
- Get witness statements or security footage to prove that the property owner knew about the hazard.
- Get medical records and expert testimony to directly link your injuries to the incident.
