Tuesday, March 13, 2012

Proving who is at Fault in a Premise Liability Claim

In a premise liability claim, it is very important to prove who is at fault. Though victims have all the legal rights to file for a claim, premise owners can also deny all the allegations set against them.

Though premise liability claims are considered personal injury claims, they are still different in some other ways. A premise liability claim exhibits its own problems and rare proof issues. The grounds for the claim may include a slip-and-fall accident, tripping on uneven pathway, tripping over improper obstacles, messy equipment, dark stairways and more.

Filing for a premise liability claim is effortless, but proving who is at fault is never easy. A victim cannot win a premise liability claim without evidences and a help from a specialized lawyer for that field.

Here are the two most important pointers to remember in proving who is at fault in a claim:

• Prove that there was an injury sustained from the accident. It is the very first important to prove in a premise liability claim. Take note that in a claim, injuries must be serious. Also keep in mind that a victim should still have evidences to present even days or month after the accident.

• Taking photographs from the incident is necessary. It might not be a good memorabilia, but it would do a lot of help in the litigation process. Some evidences can change or disappear quickly, but photos will never change and can in fact reveal faulty situations that support a claim.

Under the federal law, a property owner or tenant is the one responsible in maintaining their property at a reasonably safe manner for its customers and visitors.

Though premise liability can be considered as a personal injury claim, it cannot be compared to vehicle accidents. In vehicle accidents, the cause of damage is clear and the liability is very obvious while in premise liability claim, issues about liability are always present. This is the case since victims should not only prove that there was an injury sustained, but must also point out the failure of property owner in providing a safe environment.

Skilled premise liability claim lawyers can discover the evidence that a victim need to determine who is at fault in the claim. They are experts in proving that the property owner had noticed the condition of a premise but ignored it, as well as in getting past property owners’ tricks and achieving the right recovery amounts for the claim.