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Gathering Evidence is Part of a Premises Liability Claim


When a person is hurt on another’s property, there may be a path to compensation. The first thing to do is seek medical attention. Then, once you have a plan for physical recovery, it is time to consider how you can cover the doctor expenses, which may be particularly difficult if you have lost income because you have missed work. For many, it is not possible to handle this financial situation on their own. In those situations, it is best to begin gathering evidence for a claim and talk to a Miami premises liability lawyer.

When Proving Fault Can Be an Issue

Property owners have a duty of care, meaning the properties they maintain must be reasonably safe for the public. But, there are times when proving a property owner was liable for certain conditions is difficult. It also is essential a person had permission to be on the property in the first place.

The property owner could argue they are not liable if any of the following were true:

  • The risk was easy to spot and the victim could have avoided it.
  • The victim was behaving in a reckless manner.
  • The hazard was a risk that it is reasonable to assume the victim was aware of.

Evidence Strengthens Your Claim

While proving your claim can be a process, there are ways to help your lawyer secure the compensation you deserve. One key step is gathering evidence and documentation, when possible.

For example, images for the scene of the accident can be beneficial. Documenting the area as soon after the accident as possible is in the victim’s best interest. If a person thinks they can simply stop by another time to take pictures, they may find the scene has changed. A property owner could fix the danger while a victim is away. It is helpful when a judge can see the conditions of the property when the incident occurred so the full danger can be seen and assessed.

If it was not possible to take photographs or it was not thought of at the time, a Miami premises liability attorney may be able to help you seek video evidence from security cameras at the location. Sometimes a subpoena needs to be filed to access the footage. An attorney can also do research and unearth safety inspection notices, which could prove an owner was aware of hazards on their property.

When there are individuals who saw the event happen, witness accounts strengthen a case. Witnesses can testify if the hazard was noticeable and testify about the accident itself. Gathering names and individuals at the scene is advisable. From there, an attorney can determine who would be a good witness and can approach the desirable witnesses about testifying.

Were you injured on another person’s property? The knowledgeable attorneys at Spencer Morgan Law can help you secure a financial settlement if another person was liable. Call 305-423-3800 today to discuss your case. Together, we can set up a no-cost, confidential consultation regarding your claim.

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