What type of medical evidence is needed to prove a premises liability case?
In order to prove a premises liability case in South Dakota, medical evidence is crucial. This evidence helps establish a link between the injury sustained and the dangerous condition of the premises. Generally, this can include medical records, physician’s reports, medical bills, and other evidence that documents the injury sustained, such as a report from a medical professional. In addition, it is important to show that the defendant (in this case, the owner of the premises) either knew, should have known, or had a reason to know that the premises were in an unsafe condition. This means that the plaintiff will need to demonstrate that the owner was aware of the condition of the premises or that they failed to take necessary action to either fix or safeguard against the danger. Finally, evidence of the actual condition of the premises may also be necessary to establish that the unsafe condition was the cause of the injury. Photographs, videos, and witness testimony can help establish this connection. If the plaintiff is able to prove that the defendant was aware of the condition, that the premises were in fact in an unsafe condition, and that the dangerous condition was the cause of the injury, then they may be able to prove a premises liability case.
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