Many people have found themselves in the unfortunate situation of being injured while on someone else’s property. Often, the legal process and system can appear daunting and might overwhelm the injured person. After such a jolting accident, it’s important for you to understand what courses of action are available to you concerning legal recourse. Many times, this includes filing a lawsuit against the liable party seeking restitution.
Understanding the bevy of possible defenses open for the liable party to use in court can be extremely beneficial for you; think of it as competitive research.
People lie in court, especially when they are in the wrong. Adjust your case as appropriate to prepare to see these defenses appear regardless of if they reflect the truth or not.
Vitality of Evidence
As with any other case being adjudicated, the presence of evidence is crucial to winning. In civil cases, this is known as exhibiting a preponderance of evidence. Without it, either the judge or jury (depending on the suit), will likely decide in favor of the defendant.
You must present accurate evidence of your injury and the cause of it in a convincing way. The injury you’ve incurred is evidence in itself. Plaintiffs in property liability cases must also prove he or she sustained said injury on the defendant’s property. This can be achieved with photo and video evidence, eye-witnesses, et cetera. Then, after the individual the suit is filed against is proven to be the actual owner of the property, the plaintiff must demonstrate why the property owner is at fault; how the injury in question was the result of preventable conditions facilitated by the defendant.
Arguments to Use
There are two primary ways a property owner could be at fault for someone’s injury. However, as mentioned previously, they must be proven via court-admissible evidence to be used.
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