Proving Negligence in On-Base Housing Injury Claims
The military does not typically run on-base housing. Nearly three decades ago, Congress passed a law to privatize military housing. The result is that there are contractors who are responsible for administering and maintaining military housing. If there is good news for you as an injured servicemember (or as a part of their family), it means that you can file a negligence-based lawsuit against the contractor without having to worry about the Feres doctrine or the limitations of the Federal Tort Claims Act.
The Role of Negligence in a Military Housing Injury Claim
Like any other type of personal injury lawsuit, you need to prove negligence to win your case involving a military housing injury. There are four elements that you need to prove to show that the defendant was negligent:
- They owed you the duty of care
- They breached their duty because they did something unreasonable under the circumstances
- You suffered an injury
- You would not have been injured had it not been for the wrongful actions of the defendant
There are numerous things that are considered negligence when it comes to military housing lawsuits:
- Failure to correctly and properly address maintenance requests in housing units
- Failure to promptly address any hazards within a reasonable amount of time that led to a slip and fall injury
- Using substandard materials when constructing base housing or carelessly building with defects
- Not conducting timely inspections of the property to learn of defects
How You Can Prove Negligence for Your Military Housing Injury
In any personal injury lawsuit, you have to meet your own burden of proof to show that someone was liable. The standard of proof in military housing civil cases is a preponderance of the evidence, meaning that you must show that it was more likely than not that someone else was negligent. You must collect and gather evidence to support your contentions, including through the pre-trial investigation that your military PI lawyer will undertake and through the discovery process of a lawsuit.
You may use the following forms of evidence to prove negligence in your case:
- Photos and videos of the site, both before and after your injury, videos,
- Repair logs for maintenance issues,
- Email communications between you and the contractor
- Witness statements from neighbors or maintenance workers
- Medical records linking the injury to the condition (such as when you were injured by mold in the housing unit)
- Expert testimony, such as home inspectors or medical professionals.
You may need to obtain some of the evidence that you need that is in the hands of the defendant. The lawsuit process allows you to make these requests during discovery.
Contact an Orange County Military PI Lawyer Today
If you or your family have suffered injuries due to unsafe conditions in military housing—such as mold exposure, structural hazards, or neglected maintenance—you may be entitled to compensation. Attorney Will Bruzzo, a former U.S. Marine Corps Major, brings firsthand military experience to his personal injury practice, focusing on representing service members and their families.
With a clear understanding of the unique challenges faced by military personnel, he is dedicated to holding negligent housing contractors accountable. The Law Office of William W. Bruzzo offers free initial consultations to discuss your case and explore your legal options. Don’t face this complex process alone. Contact us today at 714-547-4636 or fill out an online contact form to schedule your free consultation.
