How to Document a Premises Liability AccidentRequest Free Consultation
Accidents can happen anywhere, including on someone else’s property. When you find yourself involved in an accident due to unsafe premises, you could hold the owner accountable by filing a lawsuit or insurance claim. To prove a premises liability case, however, you will need to properly document the incident and gather relevant evidence.
What Do You Need to Prove Premises Liability?
Property owners have a responsibility to keep their premises safe and protect visitors from potential hazards. If a hazard is present, the owner must take steps to fix it and warn visitors. If a property owner fails to uphold these responsibilities, he or she could be held liable for any accidents that occur as a result.
To prove a premises liability claim, you will need to gather sufficient evidence that proves the following facts:
- The property owner had a legal duty to ensure your safety while on the premises.
- The property owner failed to uphold the duty of care by not addressing or warning about the dangerous conditions.
- The property owner’s breach of duty caused your accident and the injuries you sustained.
- You suffered damages as result of the accident, such as medical expenses, physical pain, and emotional distress.
Evidence to Gather After a Premises Liability Accident
Evidence is key to filing a strong premises liability claim, and it is freshest in the hours and days after the accident. To strengthen your future claim and properly document the incident, try to gather the following pieces of evidence:
- Photographs and Videos: Take clear pictures and videos of the accident scene, focusing on the hazardous condition that caused the accident, such as a wet floor, broken stairs, or inadequate lighting. Capture any visible injuries you sustained as well.
- Incident Report: If the accident occurred in a commercial establishment, report the incident to the property owner, manager, or supervisor immediately. Request a copy of the incident report, ensuring that it accurately describes the details of the accident.
- Witness Statements: Speak to any witnesses who saw the accident occur or are familiar with the dangerous condition. Collect their names, contact information, and a brief summary of their observations.
- Medical Records: Seek medical attention promptly after the accident, even if you do not feel hurt, so that your injuries are properly diagnosed and documented. Keep records of all medical treatment, including doctor’s notes, test results, and bills.
- Maintenance and Inspection Records: If the hazardous condition was a result of the property owner’s negligence in maintenance, request copies of any maintenance and inspection records related to the area where the accident occurred. This can help establish a pattern of neglect.
If you aren’t able to collect this information at the scene of the accident due to a serious injury, do not worry. Your health is the top priority, and you should seek medical attention before doing anything else. Once you have received treatment, contact our St. George premises liability lawyer as soon as possible.
After your accident, your personal injury attorney can conduct a full investigation into the case and gather evidence. He or she can also leverage additional resources, like expert witnesses, to further strengthen your claim. To learn more about what an attorney can do for your case, schedule a free legal consultation.