Anyone that were to get injured on someone else’s property would have the right to charge the property owner with premises liability.
What proofs would the claimant need, in order to win the initiated personal injury case?
Proof that the property owner had failed to take the necessary steps, in order to fix an unsafe condition.
Proof that the owner’s negligence, or the negligence of an employee had made a substantial contribution to the factors that caused the unsafe condition.
Questions that would need to be answered
Had the owner arranged for regular inspections of the property where the claimant was injured?
—Property owners have a legal duty to arrange for regular care of their business or residence.
—Property owners must order changes in any dangerous condition that is not obvious.
What action should an injured victim take, if the owner of the spot where the same victim/claimant sustained an injury has refused to come to the settlement table?
Any accident victims that find themselves in that situation should hire a personal injury lawyer in Sarnia. Such an attorney could check to see if the claimant had grounds for a lawsuit.
—Had the defendant/property owner known about the dangerous condition, but had refused to fix it?
—Should the same property owner have hired an inspector, so that he or she could be told about any on-site, threats to the safety of anyone that might step onto the spot where the claimant was injured?
—Had the owner turned control of issues on the premises over to a manager? If that were the case, then the accident victim should sue the manager?
—Had the dangerous condition been obscured from view, at the time of the most recent inspection? Maybe it was outside, and had been covered by overgrowth. Perhaps a gardener had removed that overgrowth, soon after the date of the most recent inspection.
—Had the owner reported any acts of vandalism during the period before the injury-linked accident?
A personal injury attorney would have other questions for the injured victim.
If the injury had resulted from a slip and falls incident: Had the victim saved the footwear that he or she was using on the day of that specific incident? Defense lawyers often ask about the condition of the victim’s footwear.
Similarly, if the injury had been caused by the victim’s tripping and falling, then the victim would increase his or her chances for winning by saving the footwear that had been worn on the day of the incident.
Was the victim in an area of the property that was open to the public, when the injury-linked accident took place? A “no” answer would sap some of the strength from the case.