What Evidence Do I Need to File a Premises Liability Claim?
According to a 2024 Forbes article, the Bureau of Justice Statistics found through a survey that the median amount for premises liability cases is $90,000. This figure illustrates the gravity with which courts regard these claims when faced with potential substantive proof and hints at the economic toll that unsafe conditions of property can impose.
What is premises liability law? The law of premises liability assigns property owners a responsibility to their visitors, whether the visit happens in a private or a commercial property. A clear understanding of what premises liability entails will mean that you will be better geared to seek justice and, if he has suffered any injury, compensation due to injuries suffered from visiting someone’s premises.
If you want to file a premises liability claim, gathering the correct information would be highly important. To establish liability in a premises liability claim, you must gather medical records, witness statements, incident reports that demonstrate negligence, photographs from the scene, maintenance records, and any other relevant evidence.
Let’s look at the types of evidence that would be valuable in supporting a premises liability case.
Types of Evidence Needed for a Premises Liability Claim
Choosing the types of evidence to present is most vital when filing a case for premises liability. Start with the eyewitness statements, as they will further provide supporting context for your case. Document any medical records related to your injuries, as these will reflect the extent of your damages.
The next step is to obtain reports of the incident. These are typically lodged by the owner or manager of the premises and would typically demonstrate negligence. If possible, have copies of the proper maintenance records showing the condition of the property before the incident occurred.
According to Colton premises liability lawyer Brent A. Duque, if a hazardous condition existed long enough that it was unreasonable for the property owner not to notice it, that may be enough to establish constructive notice.
Finally, keep records of your expenses, allowing for your financial losses to be defined. When these pieces of evidence are put together, your claim will get stronger and only continue to draw in community support.
Importance of Photographic Evidence
Visual evidence plays an important role in helping prove your premises liability claim. When you take a picture of the accident scene, you’ve preserved proof of the condition that caused your injury. For instance, pictures of a wet spot on the floor, an area of poor illumination, or a stairway with broken steps would clearly help to put into context what happened to you.
Clear photos embody evidence of the extent of your injuries or damages. Take pictures from different angles, including wide shots that provide supporting context. This information will corroborate your claims and help you develop a narrative that clearly paints your predicament.
Witness Statements and Testimonies
Witnesses are a valuable asset in any case. They can provide support for the case by offering insights from those who witnessed how the incident unfolded. Inquire about all those who witnessed the incident and have them share their perspective. Their statements will build on what exactly happened and back your version of events.
See to it that they provide their contact information and, if possible, kindly request them to document their recollection for you. What can really seal the case for you is a witness statement. There are other people who will share the validating experience with you and contribute to strengthening your claim.
Medical Records and Documentation
You can support a premises liability claim more effectively by presenting the necessary medical records and documentation. This evidence can show the injury done and the treatment you have received.
Start gathering all the medical reports, medical bills, and correspondence with doctors or other medical professionals. You must also include your doctor notes describing the injuries and their impact on your life. If there was any therapy or rehabilitation conducted at any time, those records will also be key.
Your documentation makes the case much stronger and further demonstrates the severity of the injury. Going into any legal proceeding with medical documentation that is both well documented and organized will enhance your case and show that you are serious about seeking the compensation you deserve.
Maintenance Records and Property Owner’s Liability
Maintenance records may be able to prove liability in premises lawsuits by showing how well the owner kept the premises, if hazards were dealt with promptly, or if safety measures to avoid hazards were followed.
Include records that show details about routine inspections, repairs, problems awaiting resolution, and whether there were instances that safety inspections were ignored by management.
Foregoing maintenance is indicative of neglect, making the property owner possibly liable for injuries sustained within the premises. That is why collecting these documents would assist you in regaining your rightful justice along with feeling more at home in a safer community.
