When pursuing a premises liability claim in Pennsylvania, the strength of your case depends on the quality and variety of evidence you gather. Whether you’ve received an injury due to a slip and fall, unsafe property conditions, or inadequate security, proving negligence is essential. This guide outlines the types of evidence that can bolster your claim and help establish liability, ensuring you have a solid foundation for your case.

The Role of Evidence in Premises Liability Claims

In Pennsylvania, property owners have a responsibility to maintain safe conditions on their premises. If a hazardous condition causes injury to a lawful visitor, the property owner may be held liable. However, to succeed in your claim, you must prove four key elements:

1. Duty of Care: The property owner owed you a legal duty to maintain a safe environment.
2. Breach of Duty: The owner failed to meet that duty, creating a dangerous condition.
3. Causation: The breach of duty directly caused your injury.
4. Damages: You suffered quantifiable losses as a result of your injury.

Gathering the right evidence is fundamental to demonstrating these elements in a court of law.

Types of Evidence to Support Your Case

Photographic and Video Evidence

Visual evidence is often the most compelling form of proof. Photos or videos can show the hazardous condition that caused your injury, the surrounding environment, and the extent of your injuries.

• Take clear, time stamped photos of the dangerous condition (e.g., wet floors, broken stairs, uneven sidewalks).
• Capture the scene from multiple angles in order to provide context.
• If the incident was recorded by a surveillance camera, request a copy of the footage immediately, as businesses often delete recordings after a short period.

Incident Reports

If the incident happened at a commercial property, such as a store or restaurant, file an incident report with the property manager or owner.

• Include detailed information about the incident, including the time, date, and location.
• Obtain a copy of the report for your records.
• Ensure the report contains accurate descriptions and avoids admitting fault, as this could be used against you.

Eyewitness Statements

Eyewitnesses often can provide an unbiased account of the incident and the hazardous condition.

• Gather contact information (names, phone numbers, and email addresses) from witnesses present at the scene.
• Ask them to write or record statements detailing what they observed.
• Witness testimony can help confirm your version of events and counter any claims by the property owner.

Medical Records

Your medical records are essential for linking your injuries to the accident and quantifying your damages.

• Seek medical attention as soon as possible after the incident, even if your injuries seem minor at first.
• Retain copies of diagnostic reports, treatment plans, and bills.
• Request a statement from your doctor connecting your injuries to the accident, which can be priceless in proving causation.

Expert Testimony

Expert witnesses can provide professional insights that strengthen your case. Common types of experts in premises liability claims include:

Engineers or Safety Inspectors: 

These professionals can assess whether the property condition violated safety codes or standards.

Medical Experts: 

Doctors can explain the severity of your injuries and their long-term impact on your life.

Economists: 

In cases involving significant financial losses, economists can calculate future damages, such as lost earning potential.

Additional Evidence to Consider

Documentation of Property Conditions

Keep a record of any recurring hazards, such as:

• Reports of similar accidents on the same property.
• Maintenance logs showing the property owner neglected repairs.
• Weather reports (e.g., for incidents involving ice or snow).

Proof of Lost Wages

If your injury caused you to miss work, gather documentation to prove your lost income:

• Pay stubs or tax returns.
• Employer statements verifying the time you missed due to your injury.

Communication Records

Preserve all correspondence with the property owner, their insurance company, or legal representatives. This can include emails, letters, or voicemails discussing the incident or negotiations.

Statute of Limitations in Pennsylvania

In Pennsylvania, premises liability claims are subject to a two-year statute of limitations from the date of the injury. If you fail to file your lawsuit within this timeframe it may result in your claim being dismissed. Gathering evidence promptly ensures you stay within this legal window and strengthens your ability to build a compelling case.

Tips for Preserving Evidence

Act Quickly: 

Evidence such as video footage or witness memories can degrade over time. Act immediately to secure proof.

Avoid Spoliation: 

Ensure the evidence you gather remains intact and unaltered, as tampering can harm your credibility.

Work with an Attorney: 

A skilled premises liability lawyer will help you identify, collect, and preserve evidence critical to your claim.

Conclusion

Building a strong premises liability claim in Pennsylvania requires meticulous evidence gathering. By documenting the hazardous condition, obtaining witness statements, and keeping detailed records of your losses and injuries, you improve your chances of achieving a favorable outcome. Partnering with an experienced attorney can further enhance your ability to navigate the legal process and hold negligent property owners accountable.

Call Brandon J. Broderick for Legal Help

Navigating Pennsylvania premises liability claims can be challenging. Fortunately, you don't need to do it alone. The experienced premises liability lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.