If you or a loved one gets injured due to the negligent actions of a property owner or operator, you should be able to secure compensation for your injury expenses. However, you will need to prove fault before any insurance carrier or jury is going to hand over compensation for your injury-related expenses. At Colucci, Colucci & Marcus, P.C., our Boston premises liability lawyers want to discuss how fault is proven in these situations.
How Can You Prove The Property Owner’s Fault?
As with any personal injury case, success depends on proving the liable party’s fault. However, proving fault for a premises liability case can be difficult. You and your Boston premises liability lawyer must show that you were hurt due to some hazard that existed on another person’s property.
In these cases, you will need to establish that the property owner owed you a duty of care. This generally exists if you are on the property legally and not trespassing. For example, grocery store owners owe a duty of care to customers who come into the store. Private residence owners have a duty to keep anyone they invite onto their property safe from known hazards.
Once a duty of care is established, it needs to be shown that the property owner breached that duty in some way. This is the complicated part of this process, and your attorney will need to conduct an extensive investigation in order to gather evidence. Proving your case could revolve around obtaining:
- Pictures were taken at the scene of the incident that shows the hazard that caused your injuries. It is always advised then victims try to take pictures as soon as possible after an accident occurs to capture the conditions that caused their injuries. This can include wet floors, icy parking lot conditions, loose flooring material, and more.
- Video surveillance that could have captured the incident. For incidents that happened on commercial properties, there are often surveillance cameras inside or outside of a building that could have recorded the incident.
- Accident reports made by the property owner or the police. These reports will often contain valuable information, such as narratives of what happened, that could help prove fault.
- Eyewitness statements from those who saw the incident. Anyone who witnessed the incident happen could provide valuable information about the hazard that caused your injury.
We Can Help You With Your Case
If you or somebody you care about has been injured due to the careless or negligent actions of a property owner, you may be entitled to significant compensation. At Colucci, Colucci & Marcus, P.C., we are dedicated to helping injured clients recover the compensation they deserve. This could include:
- All medical expenses related to the injury
- Lost income if a victim cannot work
- Pain and suffering damages
- Loss of personal enjoyment damages
- Possible punitive damages against the property owner or operator