How to Prove Fault in a Premises Liability Case

Getting hurt due to a defect on someone else’s property in California can make you eligible for financial compensation from the property owner. However, as the plaintiff or filing party in the claim, it is up to you to prove that the property owner is at fault for your accident using evidence.

What Is a Premises Liability Claim?

A premises liability claim provides an opportunity to hold a negligent property owner liable, or legally and financially responsible, for an accident that occurs on his or her premises. Negligence means a lack of appropriate care, resulting in harm to other people. In California, all property owners have a duty of care to ensure the reasonable safety of their premises for lawful visitors.

A lawful visitor refers to an invitee or licensee. Invitees visit a property for the owner’s own benefit, such as customers at a business. They are owed the highest standards of care by the owner. Licensees also have permission or legal authority to enter a property but do so for their own purposes. Licensees are owed a slightly lesser duty of care.

Four Elements of a Premises Liability Case

If you were injured in a slip and fall accident, escalator accident, dog attack, physical assault or another accident due to negligent security on someone else’s property in California, you may be entitled to financial damages from the owner.

You or a personal injury lawyer at Rose, Klein & Marias in Los Angeles will need to prove the following four elements:

1. The property owner owed you a duty of care to maintain safe conditions. Trespassers are the only visitors who are not owed any duties of care by property owners in California, with an exception for minors.

2. The property owner breached his or her duty of care by negligently allowing a dangerous condition to exist on the premises. An owner may fail to inspect a property or ignore a known or obvious defect.

3. The property owner knew or should have known of the danger. The defendant had actual or constructive notice of the harmful condition but failed to remedy it in a timely manner.

4. The breach of duty caused an injury. Since the property owner failed to meet the standard of reasonable care, you suffered an injury.

Your status as a visitor at the time of the accident should also be proven or documented to help establish the property owner’s duty of care toward you and your lawful presence. These elements must be proven using evidence.

What Evidence Is Needed to Prove Fault in a Premises Liability Case?

The burden of proof that must be met for a successful premises liability claim is “more likely to be true than not true,” also known as a preponderance of the evidence. Pertinent evidence to gather often includes:

• Photographs and videos of the property defect
• Surveillance or security footage of the incident
• An accident report or police report
• Eyewitness accounts
• Property maintenance records
• The clothing and shoes you were wearing
• Testimony from experts
• Your medical records

Working with an experienced attorney in Los Angeles for a premises liability case can make an enormous difference to the outcome of your case. An attorney can preserve and gather important evidence while you focus on healing. A lawyer can build a strong case against a property owner in pursuit of maximum compensation for your losses. Contact Rose, Klein & Marias LLP for a free consultation about your rights with our experienced attorneys.