Premises liability cases involve injuries or accidents that occur on someone else’s property due to unsafe or hazardous conditions. While these cases may seem straightforward, they can be notoriously challenging to prove for several reasons. The following is a brief overview of why premises liability cases are difficult to prove. For more detailed information about your specific situation, contact one of our Virginia Beach premises liability lawyers.

Burden of Proof

Like any legal case, premises liability claims require the injured party (plaintiff) to prove their case by a preponderance of the evidence. This means they must demonstrate that it is more likely than not that the property owner or other person or entity responsible for the maintenance of the property (defendant) was negligent and that this negligence directly led to the plaintiff’s injuries. Meeting this burden of proof can be difficult, especially if there is limited evidence or conflicting accounts of what happened.

Complexity of Liability

Unlike other types of personal injury cases, premises liability cases often involve complex legal principles regarding property ownership, control, and the applicable duty of care. Determining who is legally responsible for maintaining the property and ensuring its safety can be challenging, particularly in cases involving shared or leased properties, government-owned premises, or commercial establishments with multiple parties involved in property management.

Varied Standards of Care

The standard of care that property owners/operators owe to visitors can vary depending on the legal status of the visitor. For example, property owners owe a higher duty of care to invitees (such as customers or guests) compared to licensees (social guests) or trespassers. Proving that the property owner/operator breached their duty of care and failed to maintain a safe environment often requires a thorough understanding of these legal standards and how they apply to the specific circumstances of the case.

Contributory Negligence

In many premises liability cases, the defendant may argue that the plaintiff’s own actions or negligence contributed to their injuries. The defendant may also argue, in a similar vein, that the defective condition was open and obvious such that the plaintiff should have seen it or that it was so small or insignificant that the plaintiff should not have been injured by it.  If the plaintiff is found to have contributed to the accident in any way, their recovery may be barred entirely under the doctrine of contributory negligence that Virginia law follows. Proving that the plaintiff was not at fault or that their actions were reasonable under the circumstances can be a significant challenge.

Proof of Hazardous Condition

Central to premises liability claims is the existence of a hazardous condition on the property that caused the plaintiff’s injuries. However, proving the existence of such a condition and establishing that the property owner knew or should have known about it can be difficult. Without sufficient evidence, such as maintenance records, inspection reports, witness testimony, or photographs or video, it can be challenging to demonstrate that the property owner/operator knew or should have known of the hazardous condition and was negligent in addressing or warning about it.

Evidentiary Challenges

Premises liability cases often rely on physical evidence, such as photographs, video footage, or documentation of the accident scene. However, obtaining and preserving this evidence can be challenging, particularly if the accident occurred in a public place or if the property owner quickly rectifies the hazardous condition after the incident. Additionally, memories fade over time, and witnesses may be difficult to locate or may provide conflicting accounts of what happened.

Insurance Defense Tactics

Property owners, particularly those with insurance coverage, often have legal resources and defense strategies at their disposal to contest premises liability claims. Insurance companies often employ aggressive tactics to minimize their liability and discredit the plaintiff’s case, making it essential for injured parties to have experienced legal representation to counter these strategies effectively.

While these cases may be tough to prove, with the right legal representation and a compelling case, injured parties can obtain the compensation they deserve for their injuries and losses.

Call Our Personal Injury Law Firm

If you have suffered injuries in an accident caused by another party, you may be entitled to financial compensation for medical bills, lost wages, pain and suffering, and more. The Virginia Beach premises liability lawyers from Shapiro, Washburn & Sharp have been aggressively advocating for injured victims and their families for more than three decades and will work diligently to get you the financial compensation you deserve, like the $1.5 million settlement we negotiated for one client who suffered a permanently disabling electric shock injury in a hotel room.

Contact our office today to schedule a free and confidential case evaluation and find out how our legal team can help.

For your convenience, we have offices in Virginia Beach, Norfolk, Hampton, Portsmouth, Suffolk, and Kitty Hawk, North Carolina.

 

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