Throughout the course of an average day, you may interact with a variety of people at many different locations. Each time you enter someone’s private property, whether it is a house, park, apartment, or store, an assumption is implied that conditions are safe. It is the responsibility of a property owner to ensure measures have been taken to establish public safety on their property. Otherwise, if an injury occurs they may be faced with a lawsuit from a personal injury lawyer.
However, a deciding factor in personal injury cases relies upon the burden of proof. The burden of proof is an assertion that what is being claimed is true. This is essential to determine who is at fault in a personal injury case by proving the liability of the defendant. Furthermore, the plaintiff will need to show that the owner was negligent or should have reasonably known about the dangerous conditions present on their property. With the help of a personal injury lawyer, you will need to establish each of these four elements of negligence by a preponderance of the evidence:
The defendant owed the plaintiff a duty
Generally, you must first prove the defendant owed you a duty to exercise reasonable care and caution with respect to your personal safety. The duty of care is usually easy to prove, as property owners are generally understood to have a duty to keep visitors on their property safe from unreasonable harm.
The defendant breached the duty
In a personal injury case, you must prove the defendant failed to act the way a reasonably careful person or entity would have acted in similar situations. For example, a store owner notices a spill inside their store but chooses not to clean it up out of laziness or negligence. As the owner, it is their duty to ensure their store is a safe environment for the public, which they breached when they decided to leave the hazard. The circumstances of these situations always vary, so it is highly recommended to speak with a personal injury lawyer.
The breach caused your losses
Next, you must prove that the defendant’s breach of duty was the legal or partial cause of your injury. Further, you must prove causation that without the defendant’s behaviour your injuries would not have happened. For example, if the defendant drove over your foot and you suffered broken bones, it is explicit that if it weren’t for the defendant’s careless driving, your injury would not have occurred.
Damages will compensate you for your losses
Finally, you must prove that financial compensation for damages would remedy the injuries and losses you suffered as a result of the dependent’s negligence. Generally, this is determined through photographic and demonstrative evidence, medical records, and testimony of your medical providers. Proving damages may be arduous, as it requires substantial evidence built over years. Contact Zayouna Law, to help you provide the burden of proof in your case and assist you through the difficulty of personal injury law.