Burden Of Proof In Premises Liability

WHAT IS THE PLAINTIFF’S BURDEN OF PROOF IN A PREMISES LIABILITY CASE?   In a premises liability civil trial, the plaintiff bears the burden of proof, 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 [...]

Burden Of Proof In Premises Liability2022-01-23T21:17:31-08:00

DEFENDANT IN A PREMISES LIABILITY CASE

DEFENDANTS IN A SLIP AND FALL CASE When a premises liability case (i.e. slip and fall or trip and fall incident) occurs, determining who the proper defendant to be named in the lawsuit is complicated. Multiple parties may bear responsibility for the safety of the premises.  The possible defendants in a slip and fall case [...]

DEFENDANT IN A PREMISES LIABILITY CASE2022-01-08T11:03:39-08:00

How To Prove Causation In A Premises Liability Case?

CAUSATION IN A PREMISES LIABILITY CASE Causation in a premises liability case is difficult to prove.  If a duty of care is imposed, the plaintiff bears the burden of proving a substantial link or nexus between the breach or omission and the injury. Not only must the plaintiff prove that the defendant breached its duty, [...]

How To Prove Causation In A Premises Liability Case?2020-03-02T12:56:29-08:00

What Is A Dangerous Condition On A Premises?

DANGEROUS CONDITION ON A PREMISES A dangerous condition is one that creates a substantial risk of injury when the property is used with necessary precaution in a manner in which it is reasonably foreseeable for it to be used. The injured party bears the burden to demonstrate that its actions were in align with the [...]

What Is A Dangerous Condition On A Premises?2020-03-02T12:48:54-08:00

What Is A Premises Liability Case?

Premises Liability “Premises liability” is a legal term used to refer to certain types of personal injury cases in which the plaintiff’s injury was caused by some type of unsafe or defective condition on someone's property.  These type of cases may include: slip and fall cases, trip and fall cases, snow and ice accidents, inadequate [...]

What Is A Premises Liability Case?2020-02-27T06:49:20-08:00