Proving Fault In Premises Liability Cases
There are so many different types of premises liability cases, and the method of proving all the necessary elements required in order to prevail can widely vary from case to case. Certainly, photographs of the location, if taken reasonably close to the time of the occurrence when the dangerous conditions are substantially the same, are extremely helpful. Additionally, statements and eventual testimony from other persons at the premises who were aware of dangerous and unsafe conditions prior to the accident in question may be extremely relevant and helpful in proving that the owner, managing agent or possessor of the property knew or should have known about the same dangerous and unsafe conditions.
Depending upon the situation, there may have been prior complaints, whether made in writing or verbally, to the owner or possessor of the premises that would prove that there was actual notice of the dangerous and unsafe conditions well before an accident. Likewise, the courts have held that when an owner or possessor of property has actual knowledge of a dangerous or unsafe condition that continues to reoccur, this evidence may be sufficient to prove that the defendant should have known about the unsafe or dangerous condition that caused an accident even though the defendant did not have actual notice of the specific condition prior to the happening of an accident.
An example might be where an accident victim gives testimony that he observed a general wet condition on an interior stair in a subway station on many prior occasions due to a leaky pipe even though the precise wet condition he fell on the same steps was new. It could be inferred that the defendant responsible for the subway station did have sufficient notice concerning the condition that caused the accident as a result of being able to prove that said defendant had actual knowledge of all of the recurrent dangerous wet conditions previously existing on the floor due to the same leaky pipe.
Records, logs and bookkeeping maintained by owners and possessors and their various employees with respect to their job responsibilities and the work, labor and services performed are also extremely important sources of evidence in order to prove premises liability cases because they may very well show a failure or breach by a potential defendant with respect to taking care of the property or building in question. For instance, one may be able to show that there was a failure to inspect or maintain an area of a building because there were no entries in a logbook for a period of time. Further, not maintaining logbooks, records or other logs relating to maintenance or inspection may also prove a defendant did not take any proper steps in order to regularly maintain and inspect certain premises or property.
Once again, every case is different. There may be witnesses or police who have responded and these persons may have relevant information or testimony to offer. Emergency medical personnel who have responded to the scene in addition to other medical providers who took a history from the accident victim may also be very helpful in proving the manner in which an accident occurred on property or premises when questions arise regarding causation. Prior incidents or accidents at the same location may also be very relevant to the issue of notice to the owner or possessor of the property, as well as to the dangerousness of the condition.
Only by carefully analyzing each particular case can an attorney determine the methodology needed to prove all of the necessary elements required to prevail in the case for the purpose of ensuring that the injured party obtains full and fair compensation for his or her harms and losses.
Learn More About Your Rights In A Premises Liability Case
When you are injured due to a property owner’s negligence, you need to take swift action to hold them accountable. The attorneys at the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. will personally go over your rights and help you navigate through what needs to be done right away. We will provide aggressive and personal representation in order to advocate for you so you can receive the full recovery you and your loved ones deserve. Call 212-689-5000 to schedule your free initial consultation today.