How to Win A Premises Liability Case

WHAT INVESTIGATION AND EVIDENCE IS REQUIRED TO PROVE A PREMISES LIABILITY CASE? In a premises liability case, immediately at the time of the incident, photos should be taken of the condition of the premises.  Anyone at the scene should take photographs, preferably with a measuring ruler, a quarter (.5 inch), or some other way to provide reference of displacement, degree of mis-levelment, or some way to document, safekeep, or preserve the dangerous substance.  In most states, the standard for admitting the photos into evidence is do they accurately reflect the scene at the event.  The [...]

How to Win A Premises Liability Case2022-09-14T01:30:55-07:00

What Is Negligence? 

What Does Negligence Mean? Negligence is a word used widely in the legal community, but what does it mean? Negligence is the failure to conduct oneself with the level of care owed to others as a reasonable prudent person would have conducted themself if they were under similar circumstances. For example: If someone decides to get behind the wheel of a vehicle knowing that they are intoxicated and then someone gets killed because they drove while under the influence this would be considered negligence. A reasonable person would not get behind the wheel of a vehicle especially while under the [...]

What Is Negligence? 2020-03-04T09:36:15-08:00

Burden Of Proof In Premises Liability Case

WHAT IS THE PLAINTIFF’S BURDEN OF PROOF IN PREMISES LIABILITY CASE? In a civil trial, the plaintiff bears the burden of proof in premises liability case, which means that the plaintiff must prove the facts in the case by a preponderance of the evidence (i.e., the greater weight of the evidence, that it is more likely than not that the fact is true). The defendant does not have to prove that he or she is not liable, rather the burden is on the plaintiff.  The degree of proof required in a civil case is far less strict than in a [...]

Burden Of Proof In Premises Liability Case2020-02-27T11:06:23-08:00