Proving Fault in a Premises Liability Case

If you have been injured on another person's property, you may have a case of proving fault or responsibility of the property owner for your injuries. This process can be complex and time consuming, let a premises liability attorney from Palumbo Wolfe & Palumbo assist you in proving fault or 'liability' in your case. The three factors present in any premises liability case include:

  1. A Duty of Care: You need to show that the defendant in the case had some sort of legal responsibility to maintain their property for safety purposes. Property owners generally have the responsibility to minimize hazards and provide a safe environment for visitors.
  2. A Breath of Duty: You then need to show that the defendant failed to fulfill their duty of care. This could mean that they acted negligently or carelessly when it came to maintaining their property.
  3. A Causal Relationship Between Breach and Injury: Lastly, you need to show that the breach of duty from the defendant is the cause of your injury. If the injury was not a direct result of the unsafe situation on the property, there may not be solid evidence for a case.

An example of a premises liability case and how to prove fault can be shown in a supermarket scenario. There is a duty of care for the owner and management to provide a shopping environment that is reasonably free form hazards. Breaching this duty of care could involve a spill in one of the aisles and staff failing to take prompt actions to clean it up and remove the slip and fall hazard. In order to win your case, your injuries would need to be a direct cause of the breach, so you must have suffered an injury due to the spill in the aisle. This could mean that you slipped on the liquid and got injured. For help building your case and proving the three key elements of premises liability, contact Palumbo Wolfe & Palumbo right away and set up your free consultation.

Categories: Premises Liability


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