A premises liability occurs when someone is injured because of a property owner’s negligence. Property owners have a duty of care to their visitors to make sure they are relatively safe on their property. If an owner knowingly or unknowingly causes an injury due to the neglect of their duty of care, they can be held responsible for the damages they have caused. Those who have been seriously injured because of a property owner’s neglect should work with a lawyer to determine what type of case they have and what they must do to pursue it.
In a premises liability claim, an injured victim must prove several areas. It is crucial one meets with a lawyer so they can make sure enough evidence is gathered so a case can be constructed against the responsible party. The areas that must be proven include:
* The lawyer must prove the property owner owed a duty of care to the injured victim.
* The lawyer must prove the property owner breached their duty of care.
* The lawyer must prove the breach in the duty of care caused the plaintiff injuries.
* The lawyer must then prove the plaintiff suffered measurable damages due to the breach.
These areas can be proven with several pieces of evidence including police reports, medical records, medical bills, lost wages information, and eyewitness statements. The lawyer will work through a process called the discovery phase so ample evidence can be gathered before a complaint is entered in court. In some types of cases, an insurance company may first need to be pursued before a trial.
Should a trial be pursued, a jury will be held responsible for deciding the final outcome of an injury claim. The jury will not only decide whether or not the property owner is liable but will also decide how much compensation will be awarded.
If you have been seriously injured in someone’s property, you may be able to hold them responsible. For more information on your legal options, visit Vermontlawyers.net. Visiting this site will allow an injured victim to make sound decisions when pursuing their claim.
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