Inside: Proving Negligence in a Public Place Injury Lawsuit. Collaborative post.
An accident can happen anywhere. Accidents do not only refer to cars crashing into each other. An accident can be any unfortunate incident that you do not expect, resulting in injury or damage.
If you walk in a city park and slip and fall, it would be classified as an accident. However, if you slip and fall because of someone else’s negligence, including the park management, you can get compensation even if the incident is an accident.
You can sue if you are injured in a public place, but you must prove negligence first. How do you do that? You start by understanding what negligence is and how it relates to your case. Then, hire a personal injury lawyer to help you build a strong case.
What Is Negligence?
Most personal injury lawsuits revolve around negligence. Negligence means the failure to exercise appropriate care, which can lead to harm or injury. Therefore, to win a public injury lawsuit, you must prove that a person or entity responsible for the public space acted negligently.
This also means demonstrating or proving the four elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
Essentially, you have to prove that the person you are suing (the defendant) owed you a duty of care in the first place. In other words, the defendant was legally obligated to act specifically to prevent harm.
Duty of Care
In a public place, several parties may carry the duty of care. For instance, if you are injured in an eatery, the duty of care falls on the owner. The local municipality may be responsible if you are hurt in a public park on the sidewalk. A landlord can be held liable if you sustain an injury in an apartment or commercial building because of negligence.
It is usually easy to prove that a defendant had a duty of care towards you and others. It is more difficult to demonstrate how they failed to uphold this duty.
Breach of Duty
To prove a breach of duty, you must show that the defendant’s action or inaction was not that of a reasonable person. Or, they were not what another reasonable person would have done if they were in the same situation.
For instance, you may have slipped and fallen while walking down a staircase in a department store because of a broken handrail. After knowing about it for weeks, the business owner should have fixed the handrail but failed to do so.
Or, you may have stepped into a pothole on a public sidewalk and broken your ankle. If the pothole has been reported and nothing has been done about it, the city would breach its duty to keep citizens safe in public spaces.
If you slip and fall on a wet floor in a shop because there is no “wet floor” sign, the person who neglected to place the sign could be considered negligent.
These examples show that you must demonstrate how the defendant neglected to prevent harm.
Causation
Once you have proven duty of care and breach of duty, you must also prove causation. This means linking the breach of duty directly to your injury.
There are two types of causation to consider: actual cause and proximate cause. If your injury would not have happened “but for” the defendant’s actions, this is known as actual cause.
If you slipped and fell on a wet floor with no warning sign posted, the actual cause of your accident is the person’s failure to put up the sign.
Proximate cause refers to when the defendant’s actions are related enough to your injury to hold them responsible. For example, if you slip on ice in front of a store that should have been removed, the proximate cause of your injury would be the store’s failure to clear away the ice.
Damages
Lastly, you must prove that you suffered harm or damages due to the defendant’s negligence. Harm and losses typically mean medical expenses, loss of income, property damage, and pain and suffering.
Remember that you have no case without damages, regardless of whether the defendant was negligent. You must demonstrate harm or loss due to negligence to win a personal injury case.
Gathering Evidence to Prove Negligence
You need evidence to back up your claims of negligence. For instance, take photos and videos if you fall down broken stairs or on a wet floor. Check whether security cameras could have captured the moment you fell.
Moreover, if other people were around (very likely in a public place), ask whether anyone saw you fall. Their testimony can help support your case.
Many public places require that you file an incident report if you are injured on their property. Get a copy of this report for your personal injury case.
You must also get a copy of your medical records after receiving treatment for your injuries. These include records of medical bills, doctor visits, and medications.
You may be able to request the maintenance logs of the place where you were injured. For instance, if you were injured in a public park, the maintenance records could reveal whether employees checked for hazards.
Filing a Public Place Injury Lawsuit
When you are ready to file a personal injury case, consult with a personal injury lawyer. Your lawyer will help you compile the evidence you need and file your legal case.
In many cases, the defendant would look to settle to avoid going to court. If the defendant in your case does not want to settle, your lawyer will prepare your case for court. If your case goes to court, it will be up to the judge or jury to decide whether you get compensated.
If you win your case, you will receive compensation for your damages. This is usually an amount that covers your expenses post-injury.
A Personal Injury Lawyer Can Help
It is important to work with a lawyer if you want to win your public place injury lawsuit. Your personal injury lawyer will help you prove that the defendant was negligent and secure the compensation you deserve.