What Evidence Strengthens a Premises Liability Lawsuit?
Premises liability lawsuits often occur when one person has been injured on another person’s property due to unsafe or hazardous conditions. These cases are often complicated and require the injured party to prove negligence on the part of the property owner or manager.
At Abrahamson Law Office, we are committed to helping clients in Omaha, Nebraska, build strong premises liability cases to seek justice and compensation. If you’ve been injured on someone else’s property, understanding what evidence can strengthen your lawsuit can make a considerable difference.
Understanding Premises Liability in Nebraska
In Nebraska, premises liability laws place a duty of care on property owners or managers to keep their premises reasonably safe for guests and visitors. The level of care owed to an individual often depends on their legal status when entering the property, such as whether they were an invitee, licensee, or trespasser.
As the injured party, you must be able to demonstrate that the property owner either failed to address a known hazard or did not take adequate steps to warn visitors of the potential danger. Typically, you will need to prove the following four criteria:
Duty of care: You must prove that the property owner had a legal obligation to ensure the safety of their premises for visitors or guests.
Breach of duty: You must prove that the property owner failed to meet the expected level of care owed to the persons on their property.
Causation: You must demonstrate that the breach of duty directly led to the injury or harm you suffered.
Damages: You must demonstrate that the you incurred physical, emotional, or financial damages as a result of the property owner's negligence.
To achieve a successful premises liability case, it is crucial to gather evidence that supports these four criteria. An experienced premises liability attorney can help you identify the specific evidence that could help strengthen your case.
Key Evidence to Strengthen a Premises Liability Lawsuit
The success of your premises liability claim will largely depend on the evidence you present. A well-documented case provides you with the foundation to argue for negligence and liability. Below, we outline the types of evidence that can make a difference in your lawsuit.
Photographic and Video Evidence
Photographic or video documentation of the hazardous condition that caused your injury is often a cornerstone of evidence in premises liability cases. Immediately after the accident, take photos or videos of the scene. This can include wet floors, broken sidewalks, uneven surfaces, poor lighting, or clutter that obstructs pathways.
Time-stamped photos can be particularly effective in showing the condition of the property at the time of your accident. If possible, capture multiple angles of the hazard and the surrounding environment.
In some cases, surveillance footage from the property may be available. Nebraska law permits the use of such footage as evidence, provided it was legally obtained. This can be especially critical in proving your claim, as it shows a clear, indisputable account of the events leading up to the accident.
Incident Reports
Many commercial properties, such as stores, restaurants, and apartment complexes, require employees to file an incident report when an injury occurs on their premises. If you were injured in such a location, report the accident to the property manager or supervisor and request a copy of the incident report.
The incident report often includes details such as the time, date, and nature of the accident, as well as any immediate action taken by the staff. This document can serve as an official acknowledgment of the hazardous condition and incident.
Eyewitness Testimonies
If anyone saw the incident happen or observed the hazardous condition prior to your accident, be sure to get their contact information. Witness statements can help corroborate your account of the events and establish that the dangerous condition was present before you were injured.
For example, a witness may testify that the property owner or employee was aware of the hazard but failed to address it. Under Nebraska law, demonstrating that the property owner had actual or constructive knowledge of the danger is a key element in proving negligence.
Medical Records
Your medical records serve as vital evidence in connecting your injury to the accident. Seek medical attention immediately after the incident, even if you believe your injuries are minor. Medical records provide a professional diagnosis and documentation of your condition, which is often essential for establishing the severity of your injuries.
Additionally, keep all bills, treatment plans, and follow-up care information. These records can quantify your financial losses and demonstrate the impact the injury has had on your life.
Proof of Property Condition Prior to the Incident
Establishing the timeline of the hazardous condition can significantly strengthen your claim. Evidence such as maintenance records, repair logs, or past complaints about the property's condition can showcase whether the property owner was negligent in addressing recurring hazards.
For example, if an icy sidewalk had not been salted for days or a broken step had been neglected for weeks, these details could illustrate the owner’s failure to uphold their duty of care. Property owners are expected to take reasonable steps to maintain safe conditions, particularly when the hazardous condition is easily identifiable.
Expert Testimonies
Expert testimony can provide additional credibility to your premises liability lawsuit. Safety experts, engineers, or building code inspectors can analyze the property and explain how the hazardous condition violated safety standards or Nebraska building codes.
For instance, an expert might testify that the property owner did not meet the required safety protocols, such as installing proper handrails or addressing water accumulation promptly. This type of evidence often resonates with judges and juries in premises liability cases.
Proof of Previous Incidents
If prior accidents occurred in the same area or due to a similar hazard, it could help demonstrate the property owner's knowledge of the dangerous condition. Under Nebraska premises liability law, repeated incidents can establish a pattern of negligence, especially if the owner failed to make necessary repairs or improvements despite prior knowledge.
Collecting records of lawsuits, claims, or complaints related to the property in question could serve as powerful evidence in your case.
Building a Strong Case With an Experienced Attorney
Premises liability cases can be difficult to prove, but with the right evidence and legal representation, you can hold negligent property owners accountable for your injuries. At Abrahamson Law Office, we understand the details of premises liability claims under Nebraska law and dedicate ourselves to helping clients collect the evidence needed to build a compelling case.
However, it's important to remember to act quickly. Some evidence, such as surveillance footage or eyewitness recollections, may fade over time. Additionally, Nebraska's statute of limitations requires that personal injury claims be filed within four years of the accident.
If you’ve been injured on someone else’s property, reach out to our experienced team at Abrahamson Law Office today. Located in Omaha, Nebraska, we serve clients throughout Sarpy County, Douglas County, and the surrounding areas. Contact us today to schedule a consultation.