It can be difficult to prove a defendant’s negligence when injury occurs in someone’s property. In order to recover damages in premises liability claims, you must be able to prove four general elements.

Duty of care

You must be able to prove that the property owner had a duty to make sure that you were safe on their property. In other words, in a premises liability claim, you must prove that property owners had a legal obligation to you. The property owner should exercise reasonable care and maintenance to ensure a safe premise. This may include the duty to warn visitors of the condition of the property, to remove or remedy dangerous conditions or to provide a safe environment.

The property owner’s duty may depend on the type of property and the legal status of the visitor. A person can enter the property as an invitee, licensee, or trespasser. In general, an invitee has been invited into the property for business purposes. A licensee is someone in the property as a social guest or a reason unrelated to business. A trespasser is someone entering the property without permission. A higher duty of care may apply to invitees.

Breach

You must be able to show that the property owner did not abide by that duty or legal obligation and failed to provide safe premises. You must prove that the owner knew or should have known that unsafe conditions existed in their property.

Causation  

In addition to proving a duty to exercise reasonable care and a breach of that duty, you will have to prove that your serious injury was caused by the premises’ owner’s negligent acts. The defendant’s negligence must be the substantial factor in causing your injuries.

Damages

In order to recover damages, you must prove that you actually suffered damages and that the injury occurred as a result of the defendant’s negligence.