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Gathering Evidence For Your Premise Liability Claim


If you are unfamiliar with a premise liability claim, it is an action toward financial recovery that occurs when a person suffers an injury because of a hazard or danger on another’s property. It is the responsibility of property owners and individuals and parties running businesses to provide a reasonably safe environment. When negligence can be proven, the at-fault party could be held liable.

Once you have seen a medical professional and have a treatment plan in place, you can talk to a legal professional about who should be paying for your doctor bills and how the loss of income you are experiencing due to loss of work will be handled. Financial health can also be negatively impacted by a slip, fall, or trip on a poorly maintained property. Gathering documentation will be part of the process, a Delray Beach personal injury attorney can collect evidence on your behalf.

It Is Not Always Easy to Prove Fault

While it may be clear to you that a property owner did not maintain their property in a safe way, you still need to prove they were negligent. For instance, the property owner could assert any of the following defenses:

  • Injured party exhibited reckless behavior that led to the harm.
  • Danger was easily recognizable and the accident victim should have avoided the risk.
  • The owner took steps to make the public aware of the danger.

In some situations, there is a clear path to establishing fault. But there are other circumstances in which an attorney will need to do some investigative work to determine how the injury was sustained and the individual components that led to the accident injury.

For instance, your Delray Beach personal injury attorney may realize that collecting images of the accident location will support your claim. Often taking images as soon as possible following an accident is often advised because the risk could be repaired after the injury, making it more difficult to prove the owner was negligent.

Witness Accounts and Security Footage

Witness accounts can also be helpful in supporting an individual’s right to damages after a premises injury. There are a range of people who could serve as witnesses, including a person on the street who saw a parking lot accident, an individual in a business at the time of the harm, or an employee who saw the injury happen. If individuals were not present at the time of the incident, security footage may be accessible, leading to visual proof that there was harm the property owner should have been aware of and dealt with to avoid the injury.

Were you hurt when you were on another’s property and now believe you should be compensated for your accident injury? Connect with the knowledgeable attorneys at Earnhart Law in Delray Beach to learn about liability laws and what evidence you need to secure a monetary damage settlement. Because our attorneys have over 30 years of experience handling personal injury cases, experience and skill will be on your side. To strengthen your claim, call 561-265-2220 or contact us online.

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