Property owners must keep their land safe for everyone who visits. However, accidents can happen, and proving that negligence caused your injury can be a difficult task. How can you bridge the gap between a hazard and your accident?
Navigating the path to proof
It is essential to do more than show a dangerous condition existed at the scene. You must establish a direct link between that specific hazard and the physical harm you suffered. The common causation challenges that you may encounter include:
- The “but-for” test: This rule requires you to prove the injury would not have happened if the owner had fixed the hazard. You must demonstrate that the dangerous condition was the actual reason for your mishap rather than mere coincidence.
- The mystery of the fall: If you suffered a fall, the defense may argue that a claim is just a guess if no one saw the exact moment of the trip. It is vital to point to the object or slick surface that caused the event due to negligence.
- Old injuries: An insurance company may claim that your pain comes from old health issues rather than the new accident. Doctors must explain how the property defect led to a new injury or made a past one much worse.
- Many factors involved: Sometimes, several factors contribute to an accident, such as poor lighting and a broken step at the same time. You must show that the property owner’s failure played a major role in the chain of events that led to your injury.
Gathering evidence like photos or witness statements immediately after an incident can provide a strong foundation for your claim. In addition, expert witnesses like engineers can play a critical role in connecting the dots for the court.
Seeking a fair resolution
Safety standards aim to protect everyone in the community by ensuring that spaces remain secure. When dealing with a premises liability injury, building a claim can be daunting. With legal counsel, you may receive guidance for evaluating the strength of your claim and seeking a fair resolution.