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What Evidence Do I Need to File a Premises Liability Claim in California?

Sustaining injury on another person’s property, whether that is public or private property, can lead to confusing situations when working to recover compensation. Premises liability claims are personal injury lawsuits filed against negligent property owners, but these cases are typically not straightforward. Injury victims need evidence to prove liability, and they need as much of it as possible.

Where Does The Evidence Come From?

Evidence needed to prove a premises liability claim in California can come from various places, including the scene of the incident. Some of the most common evidence gathered as a premises liability claim moves forward includes the following:

  1. Photographs and videos. Important to any premises liability claim are photographs or videos of the accident scene. These should clearly show the hazardous condition(s) that caused the injury. Images or footage taken immediately after the incident can be particularly valuable as they provide an unaltered view of the conditions at the time of the accident.
  2. Medical records. A critical component of your claim will be the documentation of all medical treatments received as a result of the injury. This includes records of emergency room visits, hospitalization, treatment by specialists, and records of any ongoing medical care needed due to the injury.
  3. Witness statements. The testimonies of people who witnessed the accident or the hazardous conditions leading to it are invaluable. It is also important to gather contact information of these witnesses for further corroboration.
  4. Accident report. If the injury occurred in a business establishment or public place, obtaining a copy of the incident or accident report is important. This includes reports filed with the property owner or manager at the time of the incident.
  5. Expert testimony. The claim can be strengthened by statements from industry experts, such as building inspectors or safety experts. These experts can provide insights into how the conditions violated safety standards or regulations.
  6. Receipts and documentation of expenses. It’s important to keep receipts for all expenses related to the injury. This includes medical bills, medication costs, and costs for rehabilitation or therapy. Documentation of any modifications needed in your home or vehicle due to the injury should also be included.
  7. Income loss documentation. Documentation proving lost wages or salary due to time off work for recovery is crucial. If the injury resulted in reduced earning capacity, this should also be documented.
  8. Property owner’s information. Gathering details about the property owner or manager is necessary. This should include their name, contact information, and insurance details.
  9. Photos or documentation of previous complaints. If available, evidence of previous complaints or reports about the hazardous condition can indicate the property owner’s knowledge of the issue.
  10. Personal journal or injury diary. Keeping a personal account detailing your experience, pain, suffering, and the impact of the injury on your daily life can provide a vivid description of the aftermath of the incident.
  11. Security camera footage. Requesting any available security or surveillance camera footage from the property that may have captured the incident can provide objective evidence of the event.
  12. Documentation of property ownership or management. Proving the defendant’s responsibility for the premises where the injury occurred is key. This includes information that establishes their control over the property.
  13. Correspondence with the property owner or insurance companies. Keeping track of any communication with the property owner, their representatives, or insurance companies regarding the incident or injury is important, as it can show attempts to resolve the issue and responses received.

Contact a Premises Liability Attorney for a Free Consultation

If you or somebody you love has been injured due to the negligent actions of a property owner in or around the Los Angeles area, find an attorney to help you with your claim. These types of injury lawsuits become challenging, but an experienced Los Angeles premises liability lawyer can explain your options and help you with every aspect of the claim. This includes an investigation into the incident to gather the evidence needed to prove what happened.