Every homeowner and property owner has a responsibility to keep their property safe and free from hazard. If a property owner fails to maintain the safety of their property and a visitor or tenant on the property suffers injuries as a result, the property owner may be held liable for the injury. If you have suffered injuries while on someone else’s property, there are several things that you must prove in order to win a premises liability lawsuit against a property owner:
You must show that the property owner was aware, or should have been aware about a safety hazard or dangerous condition on his or her property. Put simply, you need to show that the property owner had a duty to fix, repair, or warn tenants or visitors about any potential danger.
You need to show that the property owner was aware of the possible dangers and failed to take the appropriate action to prevent injuries, whether an old staircase needs repair, asbestos needs removing, or a possible tripping hazard needs to be marked. The failure to take care of these matters is known as breach of duty.
You must show a direct link between the safety hazard and your injury. In order to prove this link, you must demonstrate that the owner’s breach of duty resulted in your injury. Without proving this the owner cannot be held liable for any of your injuries.