Establishing negligence after an accident on someone else’s property often requires a detailed investigation, evidence of unsafe conditions, and a clear connection between the hazard and your injuries. With insurance companies pushing to deny or minimize claims, it can be beneficial to seek experienced legal guidance.
At NMAF, we help injured clients with determining negligence in Albuquerque premises liability cases. Our premises liability attorneys fight to ensure your story is heard and your rights are fully protected.
You cannot qualify for compensation in an Albuquerque premises liability case unless you can demonstrate that a third party was negligent. To do so during litigation, you must meet each of the four elements of the common law test for negligence. These elements are as follows:
You must come forward with evidence that carries your own burden of proof. In a civil case, your burden of proof is to demonstrate your allegations by a preponderance of the evidence, meaning that it is more likely than not that the facts you allege are true.
Proving negligence in a premises liability case requires showing that an Albuquerque property owner failed to keep the premises reasonably safe and that this failure directly caused your injury. Several types of evidence can help establish this. Photographs and videos of the hazardous condition, such as spills, broken steps, poor lighting, or uneven flooring, are often crucial. Incident reports created by the property owner or business can also document what happened.
Maintenance logs or cleaning records may reveal whether the owner neglected routine inspections or failed to address a known danger. Witness statements can support your account of the unsafe condition or show that employees were aware of the hazard before the accident. Medical records help prove that your injuries are consistent with the incident.
In some cases, expert testimony, such as from safety professionals, can explain how the property failed to meet accepted standards. Together, this evidence helps show the owner knew or should have known about the danger and did not fix it. A lawyer could help you gather this evidence.
In an Albuquerque premises liability case, determining negligence is a multi-step process involving several parties, but the ultimate decision rests with the judge or jury. First, attorneys for both sides gather evidence, such as accident reports, photos, witness statements, maintenance logs, and expert opinions, to show what the property owner did or failed to do. Insurance adjusters may also conduct their own investigations, but their findings are not final.
If the case goes to court, the judge decides legal questions, such as what duty of care applied, while the jury typically decides factual questions, including whether the property owner breached that duty and caused the injury. In some cases, a judge may make all determinations, such as in a bench trial. Ultimately, your lawyer establishes negligence by proving the owner failed to act reasonably under the circumstances.
If you have been injured on someone else’s property, our lawyers are here to help. We have experience assisting clients with determining negligence in Albuquerque premises liability cases and are ready to investigate your injury to gather the evidence you need to win your case. Schedule a free initial consultation today by calling us or messaging us online.
