Elements In A Premises Liability Case

Entering into commercial properties is a matter of attending to daily business, whether it is buying groceries or going to a restaurant with a friend. When you think about it, you spend a significant time of your life in commercial buildings. What you do not expect when you are in one of these buildings is getting injured. 

If you have got injured as a result of the property owner’s negligence, you deserve compensation. Accidents occurring on another person’s property can lead to premises liability cases. Contact an Atlanta premises liability lawyer to begin your claim and win the biggest compensation possible. 

Elements in a premises liability case 

  • The defendant owns the property. 

To be able to win a case in Atlanta, you must prove that the other party operated or owned the property where you experienced the accident and got injured. To do this, you might need to gather ownership documents of the property. Your attorney can help you gather them and other necessary evidence. 

  • The defendant acted with negligence. 

To be able to file the claim, you need to prove that the accident occurred because the defendant acted with negligence. This means that the other party could have done something to avoid the problem and their carelessness led to your injuries. For example, if there was a warning board for a hazard, you cannot hold them liable. However, if there were not any, then they are responsible for your injuries. 

  • The plaintiff was injured. 

Only proving that there was a hazard will not bring you compensation. You need to prove that you have acquired new injuries because of the accident. If you already had some injuries at the time of the accident, you need to prove that your existing injuries were aggravated. You should also go to the doctor and get your injuries documented. These documents can serve as important evidence in court. 

  • The defendant’s negligence was the direct cause of your injuries. 

Only proving the fact that there was a hazard and that the owner of the property acted with negligence is not enough. To win the claim, you must be able to prove that their negligence was the direct cause of your injuries. This means that if they had taken certain responsible steps, then your injuries could have been avoided. 

Every premises liability case differs from the other. However, to win a claim, proving these four elements is crucial. You should not suffer the consequences of someone else’s fault. Contact an attorney to discuss your situation and know your options. 

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