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How can you recover damages from a property owner

On Behalf of | May 10, 2022 | Premises Liability |

If you suffer an injury while visiting someone else’s business or residence, you may have a claim for damages against the owner or others. The law of premises liability requires property owners to take specific steps to ensure the safety of visitors.

Accidents can happen anywhere, so you will need to prove certain elements to recover compensation for your injuries.

Ownership and use

To hold someone liable, you will need to show that the property owner invited you or allowed you to be on the property. In addition, you need to show who owned the location or possessed the property. Depending on the situation, you may have an action against multiple parties, such as the business owner and landlord.

Elements of proof

In order to pursue a lawsuit in such a situation, there are four core things you will need to be able to demonstrate:

  1. Hazard: You will want to demonstrate that there was a hazardous condition on the site.
  2. Negligence: If there was a dangerous situation that caused you to slip or trip, for example, you must prove that the property owner was negligent by not making a necessary repair or failing to warn third parties about the hazard.
  3. Injury: You will need to prove that you suffered damages.
  4. Causation: You need to demonstrate that the owner’s negligence in remedying the situation or failure to warn you about it is the proximate cause of your injury.

Thankfully, proving fault in such cases is not something that you need to attempt to do on your own. An experienced premises liability attorney can help you to create a strong case to hold the negligent party accountable – and get you the compensation you deserve.