Slip-and-fall injuries are not only painful but can also be traumatic. Nevertheless, if the injuries occurred on private property, you will be entitled to file a personal injury claim to obtain the reimbursement you deserve.
When filing a complaint following a slip-and-fall accident on private property, things can get complicated quickly. This is why you should understand what to do after a slip-and-fall accident, as explained in this guide.
A preponderance of proof is required to win a premises liability case. When collecting facts for your lawsuit, it is critical to focus on the evidence that will most definitely win your case. To begin, you must be able to show that your accident happened on the premises, whether by:
- Photographic evidence
- Official documentation
- Witnesses statements
Second, double-check that the person you are suing is the legal owner of the property. Lastly, and most critically, it would help if you showed that the accident was caused by unsafe conditions that the premises owner was responsible for. You will have a fair chance of winning your case if you can determine these simple facts.
Prove that the Premises Owner is at Fault
As stated earlier, your lawsuit’s success depends on proving the property owner’s fault in your case. Property owners, both residential and commercial, have a legal duty to ensure the safety of their visitors. If they fail to do so, injured people will be able to file a complaint against them.
A premises owner might well be held liable for accidents that happen on their property in various ways. If a premise is potentially dangerous, for instance, a construction site, and the owner fails to provide sufficient notice, the owner can be held responsible for any accidents.
A complaint may also be filed if a homeowner fails to offer sufficient protection and someone gets injured as a result. When attempting to establish liability against a premise’s owner, consulting with a property liability attorney who has handled cases similar to yours may be beneficial.
Understand the Possible Defence by the Property Owner
When preparing to file a premises liability lawsuit, one of the most important things to consider is the property owner’s possible defences. Trespassers, for instance, do not have the right to sue for injuries.
If you were injured when trespassing on private property, your claim would almost certainly be dismissed.
Furthermore, a premises owner can argue that you were reckless in your use of their property. If proven, this will drastically end your case. It will be much simpler to have a successful claim if you prepare yourself for these possible defences.
Seek Legal Help
Filing a claim after a slip-and-fall in a private property can be complex. But it does not have to be with the help of an attorney. Lawyers are experienced and have the necessary skills to help you navigate through the case. The expert will explain to you your legal rights and options. Call Ponton Law at (404) 857-4124 to get started today.