Before you decide to sue someone for an injury that happened on his or her property, you need to make sure you have a valid claim. Going to court can be costly, and if your claim will not stand up to the scrutiny of a judge, it may not be worth the time to file a lawsuit.
The New York City Bar explains there are specific elements of a premises liability case you need to ensure your case has to have a good cause to go to court.
Negligence
You will have to show that the property owner was negligent in some way. You might show the owner had a safety issue and failed to properly warn of it or do anything to prevent it from causing injuries. You could also show the owner failed to make repairs or keep his or her property in a good and safe condition.
You also must show that the negligence of the owner led to your injury. If you ended up hurt because of your own mistake, then you may have a hard time convincing the judge that it is the owner’s fault. So, it is essential that you prove the link between the owner’s lack of care or duty and your injury.
Rights
You also need to show that you were legally on the property. You need to have proof the owner invited you onto the property or you had some other legal right to be there. If you were not legally on the property, you would have to prove the owner knew you were there and failed to remove you or report you as trespassing.
When you have a valid premises liability case, you can prove all the elements. You will show an owner’s negligence, link that to your accident and prove you were legally on the property.