How to Prove Negligence in a Premises Liability Claim

Everyone slips, trips, stumbles, and falls on occasion. In most cases, you can simply get up, brush yourself off, and go about your business. Excluding a bruised ego, minor falls rarely cause major injuries.

In certain scenarios, though, a slip and fall can be devastating. According to the National Floor Safety Institute, falls are the leading cause of emergency department visits around the country. It’s understandable how the elderly can get seriously hurt in a slip and fall accident, but even perfectly young, fit, and healthy individuals can sustain injuries that keep them out of work for weeks or even months.

If you were hurt at a store, restaurant, or other business because the owner failed to maintain the property to a reasonable standard, contact Gump & Faiella. Our personal injury attorneys have more than 90 years of combined experience practicing law.

We represent clients in serious injury claims throughout all of Missouri. If you have a premises liability claim we can help by investigating the facts, and proving your premise liability cases. Call 800-264-3455 to schedule a free case evaluation with a premises liability lawyer.

Read on to learn about the three essential elements to prove in a premises liability claim:

3 Essential Elements to Prove in a Premises Liability Claim

To recover compensation following an accident on someone else’s property, you must prove negligence played a role in the incident. Mere clumsiness or inattention on your part will not provide the grounds for building a strong claim.

Proving negligence may require an extensive investigation, which a premises liability attorney can handle on your behalf. A seasoned lawyer can help you gather the evidence needed to prove the three essential elements of a premises liability claim, which include:

  1. A Duty of Care 

Property owners have a legal obligation to keep their premises safe for customers. As long as you were not trespassing at the time of the accident, this duty of care applies to you, too. 

  1. A Breach of Duty 

Property owners are considered negligent when they breach the duty of care owed to invitees and licensees. Possible breaches include failing to install adequate lighting, not addressing hazards in a timely fashion, or failing to warn people of slippery floors.

The best way to prove the breach will depend on the facts of your case. In general, though, photographs and surveillance footage of the accident scene can show how the incident unfolded, and eyewitness testimony may corroborate your version of events.

  1. Resulting Damages 

Before you can recover a single dollar, you must be able to prove that you incurred damages as a direct result of the property owner’s breach of duty. This is why seeking medical care immediately is essential; it will help your lawyer tie your injuries to the accident.

 Discuss Your Case with a Premises Liability Attorney in Missouri

If you want to file a premises liability claim in Missouri, turn to Gump & Faiella. Representing clients throughout the state, our personal injury lawyers have recovered more than $250 million for clients in successful settlements and verdicts. Call 800-264-3455 or fill out our Contact Form to schedule a free consultation with a premises liability attorney in Missouri.

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