Accidents can occur, especially on properties where safety protocols may be overlooked. If you get injured on someone else’s property, you should consider filing a premises liability claim to seek justice. When you pursue such a claim, it is necessary to understand the legal processes in that place.
To get a successful outcome, consult a premises liability attorney in Gulfport, MS. Morris Bart is a top law firm in Gulfport that helps accident victims get their lives back on track. Their team is known for fighting for the rights of those who have suffered due to negligent property conditions. They deeply understand the premises liability cases and are committed to holding the negligent property owners accountable.
Elements to Prove for a Successful Premises Liability Claim
There are a lot of elements you must prove to win a premises liability claim. They are:
1. Duty of Care
To win a premises liability claim, you must first prove that the property owner owes you a duty of care.
- Invitees (e.g., customers or employees): Property owners owe the highest duty, including regular inspections, repairs, and warnings about potential hazards.
- Licensees (e.g., social guests): Owners must warn of known hazards but are not required to inspect the property as thoroughly as they would for invitees.
- Trespassers: Owners generally owe the least duty.
2. Breach of Duty
Once you establish a duty of care, the next step is to prove that the property owner breached that duty. A breach occurs when the owner fails to address hazards. For instance:
- Failure to repair broken steps
- Inadequate lighting in a parking lot
- Spills or debris left unattended in hallways
It is essential to know that the property owner knew (or should have known) about the dangerous condition and did not act to resolve it.
3. Causation
You must prove that the property owner’s breach of duty directly caused your injuries, known as causation. For example, if you slipped and fell on a wet floor that was not clearly marked, you have to show that the wet floor caused your fall and the injury that came after. This part of the case usually needs strong proof, like photos, witness statements, and expert opinions.
4. Injury
A premises liability case also needs you to establish that you incurred an actual injury from the hazardous condition on the property. Aside from physical injuries, emotional distress and psychological trauma can be included, depending on the nature of the incident.
Bonus: Notice of Hazard
In most premises liability cases, proving that the property owner had notice of the hazardous condition is essential. There are two types of notice to consider:
- Actual Notice: The property owner was fully aware of the danger (e.g., they were directly informed about it).
- Constructive Notice: The hazard existed long enough that the property owner should have known about it (e.g., a large puddle of water in a grocery store aisle that has been there for hours).
If the property owner was aware or should have been aware of the danger and failed to act, you have a stronger case for liability.
Final Thoughts
Many areas follow a comparative negligence rule. It means that if you share some blame for an accident, the money you receive may be less, depending on how much blame you have. For example, if you get hurt by tripping over something because you were looking at your phone, the court might lower your payout based on your responsibility. A premises liability claim can be complex. But, with the right legal help, you can get the money you deserve. It is essential to prove the elements above to get the right outcome.