To win a lawsuit you must establish several key elements. These elements demonstrate that the property owner or occupier was negligent in their duty to maintain a safe environment, and that this negligence directly led to your injuries.
- You must show that the property owner or occupier had a legal duty to keep their property safe for visitors. This duty is generally established by law and applies to all property owners, regardless of whether they are businesses, homeowners, or landlords.
- Prove that the property owner or occupier breached their duty of care. This can involve showing that they failed to maintain the property safely, did not fix known hazards, or did not provide adequate warnings about potential dangers.
- Demonstrate that the breach of duty directly caused your injury. You must show that the unsafe condition or lack of maintenance was the reason for your accident and subsequent injury.
- Provide evidence of the injuries or damages you suffered as a result of the accident. This can include medical records, bills, lost wages, and any other costs or emotional distress resulting from the incident.
In many cases, you will need to prove that the property owner had actual or constructive notice of the hazardous condition. Actual notice means the owner was aware of the danger, while constructive notice means the condition was present long enough that the owner should have been aware of it.