If you are injured in a premises liability accident at a grocery store, mall, gas station, or other business, you may be entitled to compensation for your injuries under Virginia law. However, proving a premises liability case is not as easy as you may think. Here is how you can show that the business owner was negligent in causing your accident.
What You Must Prove to Win Your Case
When you file your claim with the at-fault business’ insurance company, you will need to convince them of their liability before they will offer you a fair settlement. You do this by establishing all these elements of a negligence claim:
- There was a dangerous condition on the property.
- The owner knew or should have known of the hazardous condition and did nothing to remove the danger or post a warning to guests.
- You were injured because of the dangerous condition on the property.
- You suffered damages due to your injuries.
How to Show the Business Owner’s Knowledge of the Dangerous Condition
One of the hardest challenges in a premises liability case is showing that the business owner knew or should have known of the hazardous condition that caused the accident. Proving all or some of the following can help you do this:
- The dangerous condition existed for a long enough time period that the owner knew or should have known about it.
- The business had no or insufficient procedures for checking for hazards and promptly removing them.
- The business had no or insufficient procedures for warning guests of a dangerous condition when they could not immediately remove it.
- The details of how the condition that led to your accident was caused.
- The steps that the owner took to remove the dangerous condition or warn others of it before your accident and afterward.
Photos of the accident scene, witness testimony, business records, video surveillance tapes, employee statements, and other evidence can you establish these facts that prove the owner’s negligence.
How to Get the Evidence You Need to Win Your Case
The business owner and its insurance company will not voluntarily turn over their records to you. You need the help of an experienced premises liability lawyer if you want to prove your case and receive all the compensation you deserve in your settlement. To learn how we can help you, call our Norfolk office and schedule a free consultation today.