Common Defenses in Premises Liability Claims.

When you get injured on someone else’s property, you may wonder if you can get compensatory financial aid. The answer is yes, you can. However, you will need to be careful. The defendant party can use various legal defenses to get out of paying you. This is why it is important to have an experienced attorney from a reputed firm, such as the Redkey Gordon Law Corp. 

Common defenses in premises liability claims.

• The hazard was obvious.

Unless, in certain specific circumstances, a defendant cannot be found accountable if the hazard was obvious and the plaintiff would have been given notice of its presence. The defendant will argue that you should have taken reasonable precautions to avoid the hazard. Therefore, you cannot automatically hold them liable for any damage you sustain if you are aware of the risk.

• Comparative negligence.

Even if your company is situated in a jurisdiction where comparative negligence laws apply, you should still consult with a premises liability lawyer, as different states have slightly different regulations. State laws typically dictate the best course of action. For example, West Virginia and South Carolina are classified as comparative negligence and modified comparative negligence states, respectively.

• Unforeseeable conduct.

You might not be held accountable if the incident that resulted in the plaintiff’s injuries were unforeseeable. For instance, you may claim that you are not liable if the plaintiff is attacked by a third party on your property and you are the owner of the restaurant. This is because the attack was not predicted. You cannot be held liable for any wrongdoing if you could not reasonably know that the third party would attack the plaintiff.

• The plaintiff contributed to their own injuries.

You are entitled to damages even if you share some of the blame for your injuries as long as you can prove that the defendant also shares some of the blame. The defendant will probably claim that you are at least somewhat to blame for your own injuries, which is not a complete defense. However, if they succeed, they will minimize their potential damage liability.

• The defendant does not control the property.

You cannot be held liable for the plaintiff’s losses if you do not own the property where the plaintiff was injured. Even if you own the property, this is still true. For example, even though the tenant is not the owner, they usually have power over the property if you own a retail space. Tenants would likely be liable if the plaintiff trips and falls on the property and sustains injuries as a result. The property owner can not be held liable if the negligent act was beyond their control.