When you been injured and want to file a claim there are four elements required in order for you to prove negligence in a premises liability case. If you are not getting the compensation to help you pay for you injury and loss of income, you can file a claim to get the compensation you need. However, you will need to understand what burden of proof is and how it helps you when you have a premises liability claim. Lastimado Texas will tell you how you can prove negligence in a premises liability claim and what elements you will need to win your case.
Elements of Negligence
There are four elements that are required to prove negligence in filing a premises liability claim. If you cannot prove negligence, then your case will be regarded just like a basic personal injury case. For a negligence case the elements you must prove are:
• Duty of Care – The property owner or occupier (who is responsible for the property) had the duty and responsibility to ensure the premises is safe from dangerous hazards.
• Breach of Duty – The person responsible for the property failed to uphold the duty of safety and care. For a premises liability case you will need to prove the responsible party knew or should’ve known about the danger and or hazards and failed to warn or fix the problem endangering their visitors knowingly.
• Causation – When the breach of duty was the result or cause of the accident and or your injuries.
• Damages – As a result of your injuries you suffered damages such as loss of wages, medical expenses, lost earning capacity and or mental anguish.
These elements are essential if you want to be successful in winning your claim. Damages is a major element. If you did not receive any type of damage, you are not entitled to any compensation. Damages are key, even if the other elements were present, if you did not suffer damages you have no claim.
What Things Will Help You Prove Negligence in a Case?
Once you understand the elements of negligence, know you will need to bring your proof. A number of different types of evidence can be used as your proof. Here are some ideas as to types of evidence you can use to prove your claim.
• Surveillance Video – Any recordings such as CCVT systems, cell phones, and other video recordings can be submitted and reviewed.
• Photographs of the Scene and Injuries – To provide proof of your injuries you can take pictures and use them as evidence. If you have pictures of the scene and what may have caused the injuries can also be used.
• Eyewitness Testimonies – If you are able to track down any witnesses and can request a written account of the accident, you will want to give them to your attorney.
• The Incident Report – At the time of the accident, you will want to file an incident report and be sure to give your attorney a copy.
• Prior Documented Complaints – If there has been prior reports and complaints about the danger or hazard that resulted in your accident and injuries, make sure to include these reports as part of your claim.
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If you have been injured and need help getting a fair settlement, contact Lastimado Texas and schedule an appointment today.
