I’ve practiced personal injury law in Kansas City for over a decade and have handled hundreds of premises liability cases. A common question I get from potential slip or trip and fall clients is do I have a good case? Although there are too many factors to list here, I’d like to share three of the biggest signs of a good premises liability case.
1. Notice. By far the greatest sign of a good premises liability case is when the defendant knew, or should have known, about the thing that hurt you. Whether it was water on the floor, merchandise in the aisle, or even a crime, if the defendant knew about the problem and didn’t do anything about it, then you most likely have a good case. Not only that, you may be able to get punitive damages if you can show the defendant knew that thing was dangerous and still didn’t do anything about it.
2. Solid proof of your incident. Whether it be eyewitness testimony or even better, a surveillance video, any time you have direct evidence of your incident from someone besides you, you have a much better chance of winning at trial. Working backwards from there, this also means you have better chances of getting a good settlement. In addition to video or eyewitness evidence, your case will be better if you can get pictures of the defect or thing that hurt you.
3. You immediately reported your incident to the property owner or operator. Defendants in premises liability cases always ask if you reported the incident to them after it happened and if you didn’t, they will try and use that against you. They will argue you are making everything up, or that you must not have been that hurt, or that there was nothing wrong with their property. If you report this incident ASAP, you will remove this argument and increase the value of your case.
These are but a few of the signs of a good premises liability case. If you’ve been hurt on someone’s property and are curious whether you have a good case, please contact my firm at any time at (816) 867-8611. We’ve been handling premises liability cases in Kansas City for over a decade and can help.
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