Premises Liability Law: Part Two - Sucessful Prosecution
We’ve learned of common premises liability cases often handled by Chicago personal injury attorneys. There are two components to successful prosecution of a premises liability case: 1) Proving an unsafe condition existed on the premises of another, and 2) Proving the owner was aware of the condition before injury occured (referred to as “notice”).
Illinois personal injury lawyers say the best way to prove the existence of a defective or unsafe condition is to take pictures immediately following the incident in question. (Always remember the old adage, “A picture is worth a thousand words.”) Photos should be taken from multiple angles as well as from ground level. A ruler or other guide may be utilized to indicate size in the photograph. Take as many pictures as is reasonably possible.
Another element of success in a premises liability case may involve the existence of witnesses. If independent witnesses can testify regarding the accident, injury or existence of the defective or unsafe condition, success is far more likely. In Chicago, personal injury attorneys recommend getting the names and numbers of anyone who might have seen the accident, or who offered assistance to the injured party afterward.
Finally, in order to prevail in a premises liability case, the Plaintiff must prove “notice”. The owner or possessor of the property must have had notice that the condition or defect existed before he or she will be found liable by the court (either they knew or should have known). This can be extremely difficult to prove.
If you have questions about Premises Liability Law in Illinois, personal injury attorneys who have experience with these types of cases can answer your questions and ease your fears. They can help you gain the compensation you deserve, to the fullest extent of the law.
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