A premises liability lawsuit occurs when a person is injured due to a property owner’s negligence. The injury itself is not enough to prove negligence occurred and compensation awarded. Your lawyer must prove these four elements to win compensation for you:

The Defendant is Legally Bound to the Property

The defendant is the person you are bringing the lawsuit against. The defendant must be legally bound to the property in some way, whether that means proving the defendant leases, owns, or operates the property. If the defendant is not responsible for what happens on this property, you cannot sue this person.

The Defendant Acted with Negligence

Negligence is a failure to exercise proper care in a specific situation. If the property owner failed to keep his premises safe (negligence) and an injury occurred, he must be held liable for his lack of care. An example of negligence is a property owner knowing his steps were broken but failed to fix them in a reasonable time period.

The Plaintiff Was Injured

A negligence lawsuit cannot come to fruition if an injury was not sustained. It’s very important to visit a doctor after an accident, even if you think your injuries are minor. The doctor can evaluate your medical state and write a professional assessment of the injury. These medical records can exponentially help the case.

The Defendant’s Negligent Actions Caused the Injury

For a negligence lawsuit to be pursued, you must have sustained an injury that was directly related to the property owner’s negligence. From the example above, if you fell on the broken steps and sustained an injury, your injury occurred because of the defendant’s failure to keep a safe property.

Clark, Smith & Sizemore Attorneys Can Help Your Premises Liability Lawsuit

There are multiple factors that must be proven in a premises liability lawsuit. Our attorneys have extensive knowledge and experience in this legal realm. If you’ve been injured, don’t hesitate to reach out to our team: 478-254-5040.