Anticipate These Defenses in Your Premises Liability Case to Fight Against Them
If you were injured in a slip and fall accident; at an amusement park; or at a business that provided negligent security, you may have a claim for compensation against the business or property owner. Like with any legal matter, you want to understand the strengths and weaknesses of your case and what you must prove under applicable laws. You should also know the common defenses the business or property owner could raise to try to deny or reduce your claim for damages. Ultimately, this could have an impact on the amount of compensation you receive in settlement or at your trial.
Common Defenses You Should Anticipate in Your Premises Liability Case
The main defenses business or property owners use in premises liability cases include:
- Comparative negligence. Negligent parties often argue that the victim caused or contributed to his or her accident. Under Idaho’s comparative negligence laws, you would still be entitled to partial compensation as long as you were not found to be more than 49 percent at fault in causing your injury. Understanding how the owner claims you partially negligent can help you determine the evidence you need—such as surveillance tapes or witnesses to your accident—to disprove the owner’s arguments.
- Assumption of the risk. With this defense, the owner claims that you knew about a risk of harm, but disregarded it and assumed the possibility of injury. This argument is often raised in sports-related accidents or where the victim disregarded signs on the property warning of the danger.
- Lack of notice. In some types of cases, such as slip and fall accidents, you must show that the business or property owner knew or should have known about the danger and failed to correct the problem.
Let Morton Law Offices Take Over the Burden of Fighting the Defenses to Your Claim
If you understand the possible defenses the negligent party could raise in your case, you will be better prepared to defeat them—and obtain the full compensation you deserve. I've been helping accident victims like you obtain justice in premises liability cases for 34 years. I've seen these types of defenses and others that business and property owners use to try to deny victims’ legitimate claims, and I have strategies to defeat these arguments. Call me today at 888.716.8021 to schedule a free consultation and learn about your legal rights and options.