Negligence plays the main role in a premises liability case. Proving it requires a comprehensive approach. Without competent legal assistance, it may be difficult to uncover all the facts and present a strong argument. An experienced premises liability attorney could help with determining negligence in Lake County premises liability cases and use the evidence to demand full compensation. Contact us today for a free consultation.
Four Elements of Negligence
To determine negligence in a Lake County premises liability case, the legal team has to prove its four elements. Including:
Duty of Care
The property owner must owe the injured party a legal duty of care. In most premises liability cases, this means the owner had an obligation to keep the property reasonably safe for visitors. This includes ensuring regular maintenance, removing hazards, and installing warning signs for known dangers.
Breach of Duty of Care
A breach occurs when the property owner fails to uphold their duty of care. For example, a store owner fails to repair a leaking ceiling, and the customer slips on the resulting puddle. Other examples are broken stairs or unsecured merchandise on top shelves.
The legal team would have to demonstrate that the owner knew (or should have known) about the danger and failed to address it.
Injuries
To pursue a claim, the injured party must have sustained harm on the premises. Injuries may include broken bones, head trauma, or soft tissue damage.
To demonstrate these injuries, the legal team would have to provide evidence. Some examples are medical records and photographs. An expert’s testimony can explain the severity and impact of the sustained injuries.
Causation
The injured individual must demonstrate that the property owner’s breach of duty directly caused the injury. This requires a clear connection between the hazardous condition and the resulting harm. If the injury would not have occurred without the owner’s negligence, causation is established.
Legal Status of the Injured Person
The process of determining negligence related to premises liability in Lake County depends on the legal status of the individual who was injured. The duty of care can be different for:
Trespassers
These individuals enter the property without the owner’s consent. Although the law does not obligate property owners to ensure a safe environment for trespassers, it prohibits intentional harm. Different standards may apply when children are involved.
Licensees
A licensee is someone who has the owner’s consent to enter the property, but not for business purposes. For example, a neighbor stopping by for a chat. Property owners have a duty to warn licensees about dangerous conditions. However, they are not obligated to fix them.
Invitees
Invitees are people invited onto the property for commercial or mutual benefit, such as customers at a store. The property owner owes the highest duty of care to invitees. This includes regularly inspecting the premises, fixing known dangers, and providing adequate warnings.
Get Legal Assistance for Determining Negligence in Premises Liability Cases in Lake County
If you or your loved one sustained an injury while on someone else’s property, you may be able to file a premises liability claim. However, determining negligence in Lake County premises liability cases requires competent legal assistance.
At Largey Law Firm, we know how to prove negligence and recover full compensation in product liability cases. Our team works hard to help you get the compensation you deserve. Contact us today to schedule a free consultation.
