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If someone falls on a snow-covered stair during a winter storm, the property owner would not be considered liable. Although landlords must keep their premises free of any hazards, they have a reasonable time frame in which to address any issues that arise, so they can typically wait until it stops snowing to start shoveling. However, if someone falls on a step that has been broken for a month, a personal injury case would likely follow. In this scenario, the property owner failed to maintain the premises, which is a kind of negligence. If you’ve been hurt, below is a quick guide to proving recklessness.

Identify That 4 Essential Elements Exist

To file a successful personal injury claim, plaintiffs must be able to show that the defendant owed them a duty of care in the particular circumstances that gave rise to the incident. They must also prove that a breach of this duty occurred. Additionally, claimants must demonstrate that this breach was directly responsible for the injuries they sustained and that these wounds resulted in quantifiable damages.

Gather Evidence of the Breach & Any Damages

personal injuryIn most cases, claimants do not need to prove the defendant owed them a duty of care because it is assumed. For example, all motorists have a duty of care to those on the road around them to follow local traffic laws. Likewise, treating physicians have a duty of care to their patients to do no harm.

However, accident victims must find ways to prove the other three elements of negligence. When it comes to motor vehicle collisions, for example, evidence that could ultimately prove negligence, causation, and damages might include eyewitness testimony, photographs of the scene, dash cam and surveillance footage, police reports, and medical records.

 

If you sustained serious injuries because of someone else’s negligence, turn to Coyne, Cundiff & Hillemann, PC. Based in Lake St Louis, MO, they are proud to help innocent accident victims secure the compensation they deserve. Because they have a range of practice areas, they also help clients resolve legal issues pertaining to family law, criminal defense, and workers’ compensation. Visit the firm online to learn more about their personal injury practice, or call (636) 561-5599 to schedule an initial consultation today. 

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