WHAT ARE THE REQUIREMENTS IN INVESTIGATION AND EVIDENCE 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 …
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 …
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 …
Who Is The Defendant In A Premises Liability Case? Read More »
Premises Liability “Premises liability” is a legal term to refer to certain types of personal injury cases. It is 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 …
WHAT IS THE NECESSARY INVESTIGATION AND EVIDENCE IN PREMISES LIABILITY CASES? It is important to gather evidence in premises liability cases. 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 …
WHO IS THE PROPER DEFENDANT IN PREMISES LIABILITY CASES? When a slip and fall incident occurs, determining who the proper defendant in premises liability cases and who is 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 …
Who Is The Defendant In Premises Liability Cases? Read More »
Statute Of Limitations For Premises Liability Any filing deadlines for a case will be determine by the personal injury statute of limitations for premises liability in the state that has jurisdiction over the matter. California Code of Civil Procedure section 335.1 sets a two year deadline for the filing of “An action for… injury to, …
What Is The Statute Of Limitations For A Premises Liability Case? Read More »
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 …
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