How Do I Prove Fault in My Premises Liability Claim?

Accidents can occur in parking lots, sidewalks, supermarkets, restaurants, stairwells, or essentially any type of property in the state of South Carolina. And if you are unfortunately involved in one, then you may have the right to file a premises liability claim. Read on to discover how you prove fault in your claim and how a seasoned Chesterfield County premises liability lawyer at The Cockrell Law Firm, P.C., can do everything in their power to help you satisfy this burden of proof.

Is a property owner responsible for my injuries?

In simple terms, property owners hold responsibility for ensuring that their premises are safe. And when they fail to do so and you are injured as a result, then you may file a valid premises liability claim.

However, before proceeding with your claim, you must confirm that your accident was due to no fault of your own. For this, you may ask yourself the following questions:

  • Did I have a valid reason for being on the property owner’s premises at the time of my accident?
  • Did I participate in reckless activity on the property owner’s premises at the time of my accident?
  • Did I miss a noticeable danger, that a reasonable person would have avoided, on the property owner’s premises at the time of my accident?

What proof do I need for my premises liability claim?

In your premises liability claim, you must prove that the property owner knew or should have known about unsafe property conditions and failed to fix them, which caused your accident and your sustained injuries. That is, you will need proof to verify the following points:

  1. The property owner owed you a duty of care.
  2. The property owner breached that duty of care.
  3. The breach of care resulted in your accident.
  4. Your accident resulted in you sustaining damages.

How else do I prove fault for my premises liability claim?

To recover the compensation that you rightfully deserve for your incurred injuries and damages, you must provide the following pieces of evidence alongside your premises liability claim:

  • Witness testimonies from those who saw your accident play out.
  • Pictures and videos of the unsafe property conditions, along with your subsequent injuries and damages.
  • Surveillance camera footage of your accident playing out.
  • A copy of the police report filed at the scene of your accident.
  • Medical documents stating the date, time, severity, and necessary treatments for your injuries.

If you have any further questions, reach out to a competent Chesterfield County personal injury lawyer today.


For competent and trustworthy legal counsel involving criminal law, personal injury law, divorce & separation, and family law, contact The Cockrell Law Firm, P.C. today to schedule your free initial consultation.