The relationship between the burden of proof and the recovery of damages based on that proof is essential to the ongoing functionality of the law. We’ve talked about the burden of proof before, but premises liability cases take the principle to a whole new level.
In truth, very little about proving your case in court is automatic. It takes supporting evidence, investigation, and stratagem to be awarded fair and equitable compensation; a goal which requires an amendable understanding of the law.
How Can I Recover Damages in a Premises Liability Lawsuit?
Legally, there are no grounds that automatically entitle an injured person to recover damages if that person’s injury is a result of a condition on a property, as opposed to the direct negligence or carelessness of a third-party.
In order to receive compensation from a property condition-related accident, the injured party must prove all four elements of premises liability. They are:
- The owner/employer had prior knowledge of a hazardous or harmful property condition.
- The condition posed an unreasonable threat or level of harm to others.
- The owner/employer did not reasonably reduce the risk or eliminate the problem.
- The injuries sustained were a direct result of the owner/employer’s failure to act.
Logic probably tells you that the hardest principle to prove is the first: prior knowledge that an unreasonably harmful condition existed. In Texas, this element is called notice.
There is a secondary way to prove notice. If you can show that the hazardous condition has been on the premises for a sufficient amount of time, it follows that the owner/employer should have addressed that condition and reasonably eliminated the harm.
Either way you look at it, premises liability cases can be difficult to prove; a fact that causes many plaintiffs to pursue their case using an entirely different angle.
As of yet, the Texas Supreme Court has not specified whether an injured party must choose between filing an unsafe workplace claim and a premises liability claim.
This loophole means that you can file both claims and choose to pursue the one that affords the greatest recovery.
For many personal injury plaintiffs, that is the unsafe workplace claim because they only have to prove negligence, not notice. Whatever your stratagem ends up being; you need knowledgeable and experienced representation.
Who Can Help Me Prove My Texas Premises Liability Case?
The personal injury lawyers of Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas have worked with injured individuals and their families to provide comprehensive legal advice, investigatory services, and representation in court. This firm works with your best interests in mind by building in pursuing the strongest premises liability case possible. Contact these outstanding Amarillo personal injury lawyers for honest, aggressive representation.