A premises liability case involves making a claim against a property owner for negligence that led to an injury. In order to make a successful premise liability claim, the burden is on the injured party to prove that the premises owner owed a duty of care and breached that duty of care in a way that led to harm.
This means that an injured plaintiff will need evidence showing that the premises owner failed in some way to make the premises safe. The duty that a premises owner owes to a visitor will depend upon the nature of the relationship between the visitor and the owner of the premises.
For instance, customers who are invited to a retail store are called "invitees" and owed the highest duty of care. Storeowners must inspect the premises routinely to determine if there is any danger. Any danger should be resolved or the visitor should be warned about them.
Visitors to a friend’s home or casual invited guests, on the other hand, are only owed an intermediate duty. Premises owners must issue a warning of any dangers that the owner knows about or reasonably should know about, or must correct a danger that they know about or should know about. There is no requirement of any type of inspection of the premises.
The evidence you must gather, therefore, differs depending upon whether you were an invited customer or a casual invited guest. A personal injury attorney in Peachtree City can help determine what your status at the property was and what specific types of evidence you will need to present to make your case.
This evidence may include testimony from witnesses to the accident who can report on the hazardous condition that led to your injury on the premises. This evidence may also include maintenance records from the store showing that the premises owner failed to conduct regular inspections of the store area. An expert may also testify as to the condition of the property and the cause of the accident, and photos from the accident scene may also be presented showing the hazard first-hand. A personal injury attorney in Peachtree City will help gather all of these different types of evidence so that a successful premises liability claim may be made.
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