Premises liability is a legal concept that holds owners accountable for injuries caused by unsafe conditions that occur on their property. These types of claims fall under the broader category of personal injury law and can arise due to hazards at supermarkets, shopping malls, hotels, office buildings, sidewalks, government buildings, and any other public place. While proving an owner’s negligence can be complex, there are several key pieces of evidence that are commonly used to establish liability in premises liability cases.

How Do You Prove a Premises Liability Claim?

Property owners and other parties responsible for maintaining the property owe a duty of care to guests and invitees who legally enter their premises. This means they must maintain the property in a reasonably safe condition, free from known and reasonably foreseeable hazards. They also have a duty to make repairs to dangerous conditions that they know, or should have known, about. Failure to timely remedy a hazardous condition or warn visitors of a danger may constitute a breach of their duty of care and support a claim for negligence.

In addition to showing that the property owner owed a duty of care, which they breached, the accident victim must also demonstrate that they suffered an injury — and establish that the harm they suffered was directly caused by the owner’s negligence.

What Type of Evidence is Needed to Prove Fault in Premises Liability Cases?

There are many ways in which premises liability can occur. Wet floors, uneven surfaces, inadequate maintenance, improper security, and defective conditions are all examples of issues that can give rise to premises liability claims. Depending on the facts and circumstances, various types of evidence can be used to demonstrate fault in a premises liability case, including the following:

• Photos — Photos can provide visual evidence of the hazardous condition that caused the accident and show that the property owner failed to maintain a safe premises.
• Surveillance footage — Footage from surveillance cameras at or near the accident scene can provide objective evidence by showing the accident as it happened. Surveillance footage recorded before the accident can also be used to show that the property owner had knowledge of the dangerous condition.
• Witness statements — Eyewitnesses can be crucial in a premises liability case. They can provide first-hand accounts of the accident and testify as to the scene when it occurred.
• Maintenance reports — Maintenance reports can be used in a premises liability case to demonstrate that the property owner failed to upkeep the property or remedy known issues in a timely manner.
• Records of prior complaints — Relevant records of prior complaints can demonstrate that the owner knew about the hazard and failed to repair it.

In some cases, expert testimony may also be used to help determine both fault and damages in a premises liability claim. Unlike lay witnesses, experts have specialized knowledge, training, education, and experience in a certain field. For instance, safety consultants with knowledge of industry standards, building inspectors, engineers, architects, and accident reconstruction experts can strengthen a case by providing authoritative opinions and explaining liability issues.

What Damages Can Be Recovered in a Premises Liability Claim?

Whether you were a victim of a slip and fall, trip and fall, elevator accident, dog bite, or another incident on someone else’s premises, the physical, emotional, and financial toll can be significant. Importantly, if you can prove an owner’s fault in a premises liability case, you may be entitled to recover a wide range of damages. Under Washington law, an accident victim may be eligible to receive compensation for their medical expenses, lost wages, out-of-pocket costs, and other financial losses incurred in connection with the accident.

In addition, a victim may also seek non-economic damages for the impact the accident had on their life. This category of damages is meant to cover losses that are much more difficult to quantify such as pain and suffering, mental anguish, emotional distress, and loss of enjoyment of life.

It is critical to be aware that you only have a limited amount of time to bring a premises liability claim for injuries sustained on someone else’s property. The statute of limitations in Washington State is three years from the date the accident occurred. However, it is essential that you do not wait that long to seek legal counsel to avoid inadvertently harming your case — witness memories may fade and evidence can be destroyed or lost the more time goes by.

Contact an Experienced Washington Premises Liability Attorney

If you were hurt on someone else’s property due to negligence, an experienced premises liability attorney can assess your case and advise you regarding your legal rights and remedies. The Bellingham personal injury attorneys at Robinson & Kole provide dedicated counsel to accident victims throughout Washington State for a wide variety of personal injury matters, including premises liability claims. Offering personalized time and attention in every case, our legal team is committed to securing the maximum monetary recovery you deserve.

We welcome you to contact us for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.