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

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, [...]

What Is A Premises Liability Case?2022-09-15T16:07:17-07:00

Nursing Home Injury

Do you know that most nursing home injury cases are not due to any fault of the residents? Nursing home injury cases are too common. Nursing homes must take care of their residents. We trust that the nursing homes will provide adequate care. But sometimes they abuse our trust and do not give the service that they are legally supposed to. Have you or your loved one suffered a nursing home injury due to the mismanagement of a nursing home facility? If due to unsafe conditions or ill-trained staff, you or your loved one gets hurt, the nursing homes are [...]

Nursing Home Injury2022-09-11T14:53:07-07:00

Discovery In A Premises Liability Case

WHAT DISCOVERY IN A PREMISES LIABILITY CASE SHOULD BE CONDUCTED? The process of obtaining the facts and evidence to be presented at the time of trial is known as the “discovery” process. Discovery in premises liability cases is critical.  The parties exchange information and learn about the strengths and weaknesses of the case.  Anything that is relevant to the claims or defenses is discoverable. Even if certain information or documents would not be admissible at trial, it may still be obtained if reasonably calculated to lead to the discovery of admissible evidence.  The purpose of discovery is to guarantee a [...]

Discovery In A Premises Liability Case2020-03-02T13:40:40-08:00

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, 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