How Do You Prove Premises Liability?

Prove premises liability by showing that a property owner had a duty of care to you, violated this duty by ignoring a danger on their premises or not warning you about it, and caused you to get hurt. Additionally, you will have to prove that the owner knew or should have known about a danger and didn’t take appropriate measures to address it. Reach out to our Nashville premises liability attorney for a free case review.

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Elements to Prove Premises Liability

To prove premises liability, you will have to make it clear that a property owner was negligent. You will have to show that these four elements of negligence were present at the time you were injured:

Duty of Care

A duty of care is a legal responsibility to maintain safe premises. You will have to establish that a party owned, occupied, or leased a property and that they had a legal duty to keep their premises reasonably safe.

Breach of Duty of Care

A property owner breaches their duty of care if they don’t maintain safe premises. Examples of this include creating a hazard, failing to fix a known hazard, or not warning you about dangers on their property.

Causation

A dangerous condition existed on a property and led to your accident and injuries.

Damages

You suffer economic or non-economic damages due to your accident and injuries on someone else’s premises. Damages awarded in premises liability cases include medical bills, lost wages, and pain and suffering.

Evidence to Prove Premises Liability

The evidence to prove premises liability can highlight a property owner’s negligence and show that this party’s actions led to your accident and injuries on their premises. Such evidence can include:

• Photos of property hazards
• Surveillance camera footage of your accident
• Witness statements
• Accident and police reports
• Medical records

Factors to Consider to Prove Premises Liability

The elements of negligence and your body of evidence are two key factors to consider to prove premises liability. You should also account for the following factors in your premises liability case:

Comparative Fault

Some states have comparative fault rules that can determine whether you receive compensatory damages. These rules allow courts to use your percentage of fault to determine whether you receive partial damages or no compensation in your premises liability case.

For example, Tennessee has a modified comparative fault system. With this, if you’re 1-49% at fault for injuries you suffer on someone else’s property, the court can reduce your damages based on your percentage of fault. If you’re 50% or more at fault, you will be barred from recovering damages.

Lawful Presence

Invitees and licensees have a lawful presence on a property. If an invitee or licensee enters a property and gets hurt, they may have a better case for requesting damages from the property owner than a trespasser.

An invitee enters a property for a business purpose or as a member of the public. Examples of invitees include customers at a grocery store, hotel guests, or restaurant patrons.

Licensees enter a property after they receive permission to use a specific asset. They can include house guests and door-to-door solicitors.

A trespasser enters a property without authorization. They can face civil and criminal consequences for their actions. They may be ineligible to recover damages if they are injured while trespassing on someone else’s premises.

Type of Hazard

Slippery floors, poor lighting, hidden dangers, and other hazards can lead to accidents and injuries. If a property owner doesn’t address a hazard and you are injured as a result, you could have grounds for legal action against them.

Our personal injury attorneys in Nashville can help guide you through the legal process. Call us for a free case review today.