How To Prove Fault In Premises Liability Case?

Getting injured on somebody else’s property in an animal attack, slip, and fall accident, or inadequate maintenance can make you eligible for filing a premises liability case. However, being injured at somebody else’s property does not always mean that you can get compensation; you have to prove a few key elements to get the compensation. 

Your accident may or may not be your fault, or in some cases, the accident may not be anyone’s fault. However, if you believe that the accident was due to somebody else’s fault, you can hold them accountable for your injuries. Proceeding legally with the help of a Connecticut personal injury attorney can help you get your compensation by filing a premises liability. 

Key elements required to prove your premises liability case. 

  1. Liability. 

Liability means that the owner of the premises was responsible for your safety. For example, if you were invited to a private party or you were not trespassing on a property, the owner in such cases has a duty of care for you. However, being injured on premises where you were not allowed or trespassing, you cannot be eligible to file a premises liability case. 

  1. Negligence. 

Once you have proved that the premises owner had a duty of care for you, you will have to prove that the owner was negligent and did not take adequate safety measures. For example, the premises owner owns a dog who has a history of bites, and the owner is well aware of it, yet they allowed the dog to be free, and this dog bites you and injures you. Considering this example, you can hold the premises owner accountable for your injuries. 

However, in some cases, the premises owner may not be negligent, and still, you may get injured. It can happen when the property has some hazards, and the owner may or may not know them. If the owner manages to prove that they were not negligent and unaware of the possible dangers, they might not be accountable for your injuries. 

  1. Fault. 

Proving fault is another difficult task when filing a premises liability case. Here you have to prove that the injuries you sustained in the accident were due to the owner’s negligence. However, if you fail to prove negligence or you were able to confirm that the owner was partially negligent, you can still get compensation. But if you were more than 50% responsible for your injuries, you might not be eligible for compensation.

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Christophe Rude

Christophe Rude

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