How Can You Prove Negligence in a Premises Liability Case?

After a slip and fall or other accident on someone’s property, you may have a premises liability case against the owner. However, proving the property owner or manager was responsible for an accident caused by unsafe conditions can be complicated.

There are four essential elements needed to prove fault in a premises liability case. We’ll explain each of them as well as the type of evidence a Douglasville premises liability lawyer can use to win your case.

The Four Elements You Have to Prove in a Premises Liability Case

When it comes to proving negligence in a premises liability case, there are four key elements that your lawyer needs to establish. These elements serve as the foundation for your claim.

Duty of Care

In simple terms, a duty of care refers to the obligations that a person has in a particular situation. Property owners or managers have an obligation toward customers, invited guests, and others with permission to visit for lawful reasons. Property owners are generally not held responsible for injuries to trespassers.

Establishing that the property owner owed you a duty of care is straightforward as long as you were not trespassing.

Breach of Duty 

This element involves showing that the property owner failed to meet their obligation of maintaining reasonably safe premises. This can include failing to fix a hazardous condition or not warning visitors about potential risks, such as a wet floor.


Your attorney must demonstrate that the negligent actions or conditions directly caused your injuries. It’s crucial to provide evidence linking your accident and resulting harm back to the dangerous situation on the property.


This means documenting and presenting evidence of physical injuries, emotional distress, medical expenses, lost wages, and other losses suffered as a result of the incident on the premises.

In order to prove all these four elements, a Douglasville premises liability attorney needs solid evidence. Here is how to obtain it.

Report Your Accident to the Property Owner or Manager

The first thing you need to do is to report your accident to the property owner or manager. This is crucial for several reasons.

Reporting the accident establishes a clear record of what happened and when it occurred. By notifying the responsible party, you are ensuring that there is documentation of your incident, which can be valuable evidence later on.

When reporting your accident, be sure to provide detailed information about exactly how and where it happened. Take note of any witnesses who may have seen what occurred as their statements could also support your claim.

Remember, it’s important to remain calm and respectful when speaking with the property owner or manager. Stick to stating only facts and avoid making accusations or placing blame during this initial conversation.

slip and fall accident

Take Photos and Videos of the Area Where You Suffered the Accident

Documenting the area where the accident happened right away is critical. The safety hazard that caused your injury may be fixed or cleaned up, so it’s important to take photos as evidence.

When you take pictures and videos, be sure to capture every detail that may have contributed to your accident. If possible, take multiple shots from different angles to ensure all aspects are captured accurately. Make sure that timestamps are enabled on your camera or smartphone so it’s evident when the photos and footage were taken.

It’s important not only to document physical hazards but also any contributing factors such as a lack of warning signs, poor lighting, or lack of security measures.

Do Not Sign a Settlement Agreement Without Talking to a Lawyer

After you report your accident, the at-fault party’s insurance company may offer you a settlement. Insurance companies often try to settle for less than what victims deserve, so you should consult a lawyer before agreeing to any settlement.

Seek Medical Attention As Soon As Possible

Seeking immediate medical attention after suffering an accident on someone else’s property is crucial in a premises liability case. Even if your injuries seem minor at first, it is important to get checked out by a healthcare professional as soon as possible. Delaying medical treatment could not only worsen your condition but may also weaken your chances of getting compensation.

When you seek medical attention promptly, it creates a record of your injuries and connects them directly to the accident. This documentation can be vital evidence in establishing the liability of the property owner or manager. The doctor’s diagnosis, treatment plan, and any necessary follow-up care will all contribute to building a strong case.

Additionally, medical documentation can help prove the extent of your injuries if the insurance company tries to argue you aren’t seriously hurt.

Call Our Douglasville Injury Lawyers for a Free Case Review!

Proving negligence in a premises liability case can be challenging, but it is not impossible. By following the steps outlined above, you can gather the necessary evidence to support your claim. However, navigating through legal processes and building a strong case requires expertise.

To ensure that you have the best chance of success, it is crucial to retain a skilled attorney. An experienced premises liability lawyer in Douglasville will work tirelessly to secure the compensation you deserve.

At Hartley, Rowe & Fowler, we offer a free case review for new clients. This gives you the chance to understand your legal options. Call us at 678-825-6004 today!

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