What kind of evidence is required to prove a premises liability claim?

In Massachusetts, premises liability claims (also known as slip and fall claims) require evidence to prove that the property owner was negligent. The evidence must demonstrate that the property owner was aware of a dangerous condition or should have been aware of the dangerous condition and failed to take proper steps to address it. Evidence can include photos, witness statements, medical records, accident reports, and any other documentation. Evidence of prior similar accidents at the property can be used to show that the property owner should have been aware of the dangerous condition. The injured party must also demonstrate that they did not cause or contribute to the accident. In addition, it must be shown that the dangerous condition was the cause of the injury. If the injured party has difficulty proving that they were injured due to the dangerous condition, then they may not be able to recover damages. For example, if a victim slips and falls on an icy sidewalk, but their injury was caused by a pre-existing medical condition, the victim may be unable to prove that the icy sidewalk caused the injury. Finally, the injured party must demonstrate that their injury was a result of the property owner’s negligence. This can be done by showing that the property owner was aware of the dangerous condition but failed to take proper actions to address it. The victim must also show that they were harmed by the property owner’s negligence. Medical records and witness statements can be used to prove this.

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