Proving Negligence

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If you were injured due to a fall at a business you may wonder how to determine if the property owner is at fault for your injury. Chattanooga Personal Injury Attorneys have experience proving negligence in personal injury cases. The following examples and discussion will help you understand if your case is due to negligence or not.

How is negligence proven?

For a premises liability claim to be valid it must be proven that the property owner was negligent. For example, if a cooler just started leaking water 5 minutes ago, it has never had an issue before, and the property owner wasn’t yet aware of the slippery floor they would not be negligent. However, if the issue had been present for days and it was not corrected or customers weren’t warned of the hazard, the owner is negligent. In many cases the owner is negligent because they didn’t place a sign up warning of the hazard or take appropriate steps to fix the issue.

In addition, the negligence must lead to the injury. With the leaking cooler example, the injury must be due to a fall caused by the water on the floor. If the customer drops a hammer on their foot then the injury was not caused by the negligence.

What Evidence is Needed?

Photographs of the scene before the owner has a chance to rectify the issue are very helpful evidence. If you are injured at a business take photographs of the location of your injury. Show the cord that runs across the walkway or the water on the floor. Take a photo that indicates appropriate warning signs are not visible to customers. Also, get statements from witnesses that saw the accident.

If you have been injured at a business contact us so we can help you determine if your injury was due to negligence by a property owner. As experienced personal injury attorneys, we can provide you the guidance you need.

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