To prove negligence in a premises liability case, you have to prove the following elements:
1. The owner of the property must keep their property safe, free from hazards and protect people or customers who are using their property except for trespassers.
2. The owner of the property failed to keep the premises safe and free of hazards.
3. Then, in order to prove that the property owner was negligent, you must show that the property owner knew or should reasonably have known that the property was unreasonably unsafe or in other words, they know about the dangerous surface but did nothing about it. For example, the stairs had been broken for seven months, and the property owner received a dozen complaints about it, but continued to ignore all the complaints and negligently repair or fix it.
4. You have to prove that you were injured because of the property owner negligently repaired or fixed the dangerous surface.
5. you also have to show the losses you sustained such as:
1. Medical expenses including doctor’s fees.
2. medications and treatments.
3. Future medical expenses such as continuous medication, rehabilitation, and even corrective surgery.
4. Lost income due to missed hours of work or a lost job.
You can also collect intangible losses such as:
•Pain and suffering