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Is Someone Else Responsible for Your Injury? The Legal Elements of Negligence
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Is Someone Else Responsible for Your Injury? The Legal Elements of Negligence

Is Someone Else Responsible for Your Injury? The Legal Elements of NegligenceIf you were on property that belonged to someone else and you were injured due to the owner acting negligently, then you may have grounds for a personal injury case. But what exactly does it mean for a party to be negligent? How do you prove it? Keep reading for answers and then contact The Law Offices of Larry H. Parker at 800-333-0000 if you are in need of a free legal case evaluation.

The Legal Elements of Negligence

In order to legally prove negligence, a number of things must be established. First, it must be shown that the owner had a duty of care to the person who was injured. Second, it must be proven that said owner breached that duty. Third, an injury must be proven. Finally, we must be able to prove that the breach of duty and the injury are related.

The Importance of the Relationship Between You and the Property Owner

Your relationship with the property owner is relevant in a few ways. Most importantly, whether you were invited on their property or you were a trespasser can make or break your case. If you were invited by an invitation or your invitation was implied, then they owe you the highest duty of care. For example, if you were in a store that was open for business, then the store owner is responsible for a high duty of care. However, if you entered the same store after hours and without permission, the store owner has a very low duty of care.

Examples of Situations in Which a Property Owner Was Negligent

The most common examples of negligence cases on someone else’s property occur in slip and fall accidents. They happen at places like malls, grocery stores, apartment buildings, and department stores. In order to be eligible for compensation for your damages, we must be able to prove that the owner either had knowledge of the defect that caused the injury, or that they should have.

For example, let us say that your accident occurred because you slipped on a puddle in the mall. We would need to prove that the owner put the water on the floor, or that they knew it was there and did nothing about it, or that the water was there long enough that they should have found it and taken care of it.

The key to proving your case is to contact a personal injury attorney as soon as possible. You can contact The Law Offices of Larry H. Parker at 800-333-0000 to request your free legal consultation. We will go over what happened, listen to your side of the event, and consider any available evidence. If we believe that you have a strong case, we may decide to work with you. If we do, it will be on a contingency basis which means you will not be responsible for paying us for your legal fees until we win your case.

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