How can I prove premises liability?

The establishment of state laws provides guidelines that commercial, municipal, and private landowners must abide by in order to protect citizens and stay within the law. As residents, we assume that owners of a variety of properties will do their best to prevent and remove hazards that could lead to injuries. Unfortunately, negligence of property owners can lead to injuries, causing some individuals to suffer debilitating consequences. In Delaware, a property owner can be held accountable for someone’s accident if they failed to keep a safe premises. According to federal law, a property owner is responsible for removing unsafe conditions within a reasonable amount of time after learning about it or should have known about the existence of the hazard.

What property hazards can cause injuries?

Some notable hazards that can lead to injuries include:

  • ¬†¬†¬†¬†¬†¬†¬†¬†Weather-related conditions, including uncleared ice and snow
  • ¬†¬†¬†¬†¬†¬†¬†¬†Aggressive dogs not confined by a leash or fence
  • ¬†¬†¬†¬†¬†¬†¬†¬†Slippery or noxious substances
  • ¬†¬†¬†¬†¬†¬†¬†¬†Obstacles that obscure a driver‚Äôs view
  • ¬†¬†¬†¬†¬†¬†¬†¬†Violations of building codes
  • ¬†¬†¬†¬†¬†¬†¬†¬†Discarded objects left accessible to children

Property hazards can cause a multitude of accidents, including slip and falls, dog attacks, car crashes, exposure to violent crimes, and more. Depending on the circumstances, you can suffer a multitude of injuries, including head and back injuries, dog bites that lead to permanent nerve and muscle damage, poisoning, and death. With premises liability accidents, these cases can even be attributed to inadequate security standards.

Does an investigation take place?

When it comes to most of these personal injury cases, you have to prove the burden of proof in court. As the plaintiff, you will have to establish that the owner of the property knew or should have reasonably known about the hazard, had a reasonable amount of time to fix the problem, and decided to ignore the issue. If you have been seriously injured, you need to seek medical attention. This can help to document the extent of your injuries for your case. If you are able to collect evidence to document your surroundings or talk with witnesses that can support your claim, you should take the time to do so. Especially when faced with a slip and fall or car accident based on a weather-related condition, if you have a phone camera, you should take pictures of the conditions as they can change within minutes. If you are attacked by a dog, document the owners name, address, and type of dog. If you are unable to collect evidence, an attorney can assist with the process.

MW&M is comprised of an experienced team of attorneys focusing on legal matters of personal injury, workers’ compensation, Social Security Disability, product liability, and wrongful death in Delaware. If you require an effective attorney to guide you through these difficult legal matters, contact MW&M today to schedule a free case evaluation.