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 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 [...]

Burden Of Proof In Premises Liability2022-09-14T01:34:49-07:00

Who Is The 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 may include: the property owner, business operator, employer, property management company, contractors performing services on the premises, and even a manufacturer or supplier of any floor care products, flooring or footwear involved in the incident. The business owner or a [...]

Who Is The Defendant In A Premises Liability Case?2022-09-14T01:36:18-07:00

Do I Have A Premises Liability Claim?

Do You Need Help From An Attorney To Evaluate Your Case? Want to know the answer to "Do I have a premises liability claim?" Fall injuries are one of the primary causes of a medical emergency and you may wonder - Do I have A Premises Liability Claim? In the U.S., falls account for over 8 million E.R. visits every year, representing the leading cause of visits. Everyone has to be careful and keep their house or office risk-free for others. Everyone is obliged to keep their premises hazard-free. They must also warn others of any [...]

Do I Have A Premises Liability Claim?2022-09-14T01:45:19-07:00

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, the plaintiff must also prove that the breach caused the injury. The defendant property owner can be found liable if the plaintiff can demonstrate that the defendant failed to exercise reasonable care and that this failure was the “proximate cause” of the injury. Proximate Cause [...]

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 way the defendant would expect a person to behave. The injured plaintiff must not have been in an area that would be considered trespassed, or engaging in an unusual or restricted activity, and the plaintiff was exercising an adequate level of caution that would typically [...]

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 maintenance of the premises, defective conditions on the premises, defective staircases, inadequate building security leading to injury or assault, elevator and escalator accidents, dog bites, swimming pool accidents, amusement park accidents, fires, water leaks or flooding, wet or oily floors, hidden extension cords, unsecured rugs [...]

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