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Proving Negligence in Premises Liability Claims

September 15, 2024 by content.team

Image of large puddle on floor with no Wet Floor sign, a negligent hazard that could cause an accident

When you visit a property, whether it’s a store, an office, or someone’s home, you expect it to be safe. Unfortunately, accidents can occur if property owners do not keep their property safe.

If someone injures you on their property, you might be able to file a premises liability claim. But how do you prove negligence in these cases?

What Are Premises Liability Claims?

Premises liability claims arise when unsafe conditions on another person’s property cause an injury.

To successfully pursue a claim, you must demonstrate that the property owner was negligent in maintaining their property. It means proving that they failed to take reasonable steps to prevent the accident that caused your injury.

The Key Elements of Proving Negligence

To establish negligence in a premises liability claim, you must prove four key elements:

  • Duty of Care: You must show that the property owner owed you a duty of care. This means they were responsible for maintaining a safe environment for visitors. For example, aisles in a business must be free of hazards, while homeowners must address potential dangers like broken steps or slippery floors.
  • Breach of Duty: Next, you must prove that the property owner breached their duty of care. This occurs when they fail to fix a known hazard or don’t warn visitors about potential dangers. For example, if a store owner knows about a spill but doesn’t clean it up or put out a warning sign, they may be considered negligent.
  • Causation: Demonstrating that the breach of duty directly caused your injury. It’s not enough to show that a hazard existed; you need to prove that this specific hazard led to your accident and subsequent injury. 
  • Damages: Finally, you must show that the injury caused actual damages. This includes medical bills, lost wages, and any pain and suffering you’ve experienced. Even if you prove negligence, you won’t have a valid claim without demonstrating damages.

Schedule a Consultation in Atlanta, GA

If you believe you have a premises liability claim, seeking legal advice to understand your rights and options is crucial. At Robbins Law Offices, we have experience helping clients in Atlanta, GA, navigate these complex cases. Contact us today at 404-252-8117 to schedule a consultation and learn how we can assist you.

Filed Under: Premises Liability

Robbins Law, PC

P.O. Box 720393
Atlanta, GA 30358

Ph: 404-252-8117
Toll Free: 800-772-5555

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