When it comes to premises liability cases, property owners have a number of defenses at their disposal. These defenses can be used to contest claims and avoid liability for injuries that occur on their property. For example, slip and fall laws can be used to defend against negligence claims, while trespassing laws can protect property owners from liability for injuries caused by unauthorized visitors. Additionally, many states have “attractive nuisance” laws that protect property owners from being held liable if a child is injured on their property while engaging in an attractive activity, such as swimming in a pool or playing on playground equipment. Keep reading to learn more about these and other defenses that can be used in premises liability cases.
Contributory Negligence
One of the most common defenses property owners use in premises liability cases is contributory negligence. This defense asserts that the injured party was at least partially responsible for their own injuries due to their own careless actions. For example, suppose a person is injured after slipping and falling on a wet floor in a store. In that case, the property owner may argue that the person was not paying attention to their surroundings or was wearing inappropriate footwear. This defense can potentially reduce or completely eliminate the property owner’s liability for the injuries.
Comparative Fault
Similar to contributory negligence, comparative fault is a defense that asserts the injured party’s own actions contributed to their injuries. However, unlike contributory negligence, which completely bars recovery, comparative fault allows for partial recovery based on the percentage of fault assigned to each party involved. For example, if a person is found to be 20% responsible for their injuries while the property owner is found 80% responsible, they may still be able to recover 80% of the damages.
Assumption of Risk
Another common defense used in premises liability cases is the assumption of risk. This defense applies when an individual engaging in a potentially dangerous activity is aware of the risks involved and voluntarily participates. For example, if someone is injured while skiing on a property where warning signs are posted, the property owner may use this defense to argue that the skier willingly took on the risk of injury by choosing to ski on their property.
Statute of Limitations
In any legal case, including premises liability cases, there is a time limit in which a claim can be filed. This is known as the statute of limitations. If an injured party fails to file a claim within this time frame, they may lose their right to seek compensation for their injuries. Property owners can use this defense to argue that the injured party waited too long to file their claim and should not be allowed to recover damages.
In premises liability cases, property owners possess several defenses to contest claims and protect their interests. Understanding these defenses enables property owners to assert their rights, defend against unwarranted claims, and present a compelling case in court if necessary. By demonstrating visitor negligence, lack of foreseeability, or fulfilling their duty of care, property owners can effectively contest premises liability claims, safeguarding themselves against undue legal liabilities.…
You want to make sure that the attorney you hire specializes in personal injury. You will have a better chance of receiving a large settlement if you hire a specialist. It won’t do you any good to hire a business or real estate attorney.
