How to Prove Negligence in a Premise Liability Case

If you want to pursue compensation after suffering injuries on someone else’s premises, you must prove negligence. This is an important step whether you slipped and fell, suffered burn injuries, or experienced an assault. An experienced premise liability lawyer in Texas can help you prove negligence, and they may execute various strategies based on your unique circumstances. While each case is different, there are a few general rules when it comes to proving negligence in Texas.

If you or a loved one has been injured in a slip and fall accident, contact David Sanchez Law Group, PLLC today at 972-529-3476 to find out what your legal options are.

What Is Negligence?

Before you learn how to prove negligence in a premise liability case, you must first understand the general concept of negligence itself. A property owner is negligent when their unreasonable conduct leads to injuries.

Negligence is not the same thing as “guilt,” as guilt can only be determined through criminal trials. A premise liability lawsuit is a civil case, not a criminal one. As such, determining negligence is not the same thing as proving guilt. However, defendants become “liable” for your injuries if you can prove their negligence. If they are liable, they are responsible for paying your damages.

Courts Determine Negligence With the “Reasonable Person” Method

The “reasonable person” method helps courts determine whether a defendant is negligent. With this approach, the court compares the defendant to a hypothetical, imaginary person. This imaginary person is an idealized version of a responsible property owner. In a premise liability case, the court will consider whether a “reasonable person” would have acted differently than the defendant.

For example, a reasonable owner of a hardware store would not leave nails scattered across the floor. A reasonable owner of a grocery store would not leave puddles of spilled milk on the floor for hours on end. A reasonable landlord would address clear and obvious issues like toxic mold or malfunctioning smoke detectors. When building a new set of stairs, a reasonable contractor would not violate numerous building codes.

The Four Elements of Negligence

In order to prove negligence, you must establish the existence of four key elements. These include duty of care, breach of duty, causation, and injuries:

• Duty of Care: First, you must establish that the property owner owed you a “duty of care.” In other words, the property owner had a legal responsibility to ensure your safety. If you were on the premises legally, the property owner almost certainly owed you a duty of care. If you were trespassing, however, this duty of care may not apply.
• Breach of Duty: The second element of negligence is a breach of duty, and you’ll need to show that the defendant failed to ensure your safety. Breaches can come in various forms, and they can include inaction as well as actions. For example, a property owner might fail to maintain a broken set of stairs. Alternatively, they might install a faulty appliance that leaks slippery water onto the stairs.
• Causation: One of the most important elements of negligence is causation. If you want to prove negligence, you must show that the breach led directly to your injuries. Indirect links may not be sufficient. Even if a property owner violates a building code, this violation may not have led directly to your injuries. For example, if you slipped in a hallway unrelated to the non-compliant stairs, there may be no “causation” linking the building code violation to your injuries.
• Injuries: Finally, you must establish that you suffered real injuries as a result of the accident. This is where you can play a direct role in assisting your lawyer. Seek medical assistance after your accident and make sure that your healthcare records reflect your injuries. Without these medical records, it may be impossible to proceed with a personal injury lawsuit.

What Kind of Evidence Do I Need to Prove Negligence?

Various evidence may prove useful in your premise liability lawsuit. Examples include:

• Medical Records
• Income Statements
• Video Surveillance
• Photographs
• Store Policies
• Eyewitness Accounts
• Expert Testimony

Contact David Sanchez Law Group, PLLC

Over the years, David Sanchez Law Group, PLLC has helped numerous plaintiffs prove negligence in Texas premise liability cases. Although this process may seem daunting, it could be easier to prove negligence than you realize. To discuss your specific situation and legal options, contact us to schedule a consultation. During this initial meeting, you can discuss your unique circumstances. Based on these specific factors, we can assess your legal options together while choosing the most appropriate legal strategies. Call today to get started at 972-529-3476!