What Can Be Used as Evidence In a Premises Liability Case in OKC?
Property owners are responsible for keeping a safe property that’s free of hazards. They have a legal duty to take all reasonable actions to protect those lawfully on the property from harm. This includes private property owners as well as those who own and operate commercial properties like restaurants, hotels, stores, cafés, apartment complexes, and other businesses. When a property owner fails to identify and promptly address a safety hazard, they may be held liable for an injury victim’s damages like medical expenses, lost wages, and compensation for pain and suffering. Make sure to contact a personal injury lawyer in Oklahoma City for legal guidance.
Examples of Premises Liability Cases
A premises liability case results from a claim against a property owner’s liability insurance after a customer, visitor, patron, delivery person, or someone else legally present on the property suffers a preventable injury. Common premises liability claims include:
- Slip-and-fall accidents
- Trip-and-fall cases
- Elevator/escalator accidents
- Fires/burns/electrocutions
- Dog bites
- Falls from heights (broken rails, stairs, or balconies)
- Negligent security
- Pool accidents
- Falling objects
- Violent attacks
If a property owner fails to take the actions that another, reasonable property owner would have under similar circumstances, they can be held liable for an injury victim’s damages. Typically, compensation comes from the property owner’s liability insurance.
Collecting Evidence at the Scene of the Accident
Gathering evidence in a premises liability case begins at the scene of the accident or injury if the injury victim can take purposeful action to protect their physical and financial future. If you’ve suffered an injury on someone else’s property by using a cell phone to document evidence or asking an uninjured companion to do so for you, you can preserve important evidence for a future compensation claim. Use a phone to do the following:
- First, call 911 to report the injury if you need an ambulance, or make arrangements for transportation to an emergency room
- While waiting, use the cell phone camera to take photos of the scene of the injury, including anything relevant, such as a broken balcony rail, a puddle on the floor, a cracked pavement, or a lack of adequate warning signs
- Photograph any visible injuries
- Ask the business owner or property owner to fill out an accident or incident report and to keep a copy of any surveillance or security camera footage if available
- Add the contact information of any eyewitnesses to the accident
Always go directly from the injury scene to a medical provider and ask for a thorough examination and detailed medical report. This report becomes a key component of a premises liability claim in Oklahoma City by documenting evidence of the injury.
What Other Evidence Is Used in Premises Liability Claims?
Additional evidence can support a premises liability claim. For instance, proof that the property owner was aware that the hazard existed, such as a history of previous complaints or prior similar instances. If the incident included an act of violence, such as an attack in a hotel with inadequate lighting or negligent security, a police report becomes important evidence in a compensation claim.
Eyewitness testimony is often key evidence in a premises liability case, especially when no video evidence of the incident exists.
How Can a Premises Liability Lawyer In Oklahoma Help?
Proving liability after a premises accident can be challenging. The injury victim becomes the plaintiff in the case and has the burden of providing proof through a preponderance of the evidence showing the property owner’s negligence. Call Dan Davis Law for the investigative skills, and results-oriented legal representation needed to make a compelling case on your behalf so you obtain the maximum compensation available.