Close Menu

Taking a Proactive Approach to Your Defense Against a Premises Liability Lawsuit

Premises liability lawsuits are common in the State of California. Even with the utmost care and due diligence in ensuring safety, accidents can happen in the blink of an eye. When an accident happens, it is likely the accident victim will file a premises liability lawsuit in effort of winning damages for their grievance. Premises liability claims are not a simple matter, however, and blame cannot be simply and immediately placed on an establishment. When taking the right approach, businesses and organizations can mitigate the severity of a premises lawsuit that can seriously affect the prosperity of the establishment.

Taking a proactive approach to a premises liability claim can go a very long way to address some of the most damaging legal vulnerabilities companies and businesses can be exposed to. If you are facing a premises liability lawsuit, your approach to a defense can make a difference in the overall success of your establishment.

Protecting Yourself Against a Claim

A premises liability situation can arise through a number of different ways. The following scenarios can give rise to a premises liability lawsuit:

  • Slip and fall accidents
  • Potholes
  • Insufficient lighting
  • Elevator or escalator malfunction
  • Inadequate building maintenance
  • Swimming pool accidents
  • Insufficient security that lead to injury or assault
  • Dog bites

The State of California provides business owners with the tools to mitigate claims of negligence. If you are a business owner, your company can benefit greatly if you commit to the following:

  1. Making Necessary Inspections
    1. It is important that business owners are actively looking and inspecting the premises for potential hazards.
  2. Fixing Hazards
    1. Property owners and property managers should also actively clean or repair hazards that are found, the minute that they are discovered.
  3. Provide Warnings
    1. When a hazard is found and cannot be immediately repaired, the area should be blocked off until repairs can be made.

Premises Liability Defenses: Assumed Risk and Comparative Negligence

There are other proven tactics that serve to prevent or minimize the impact of a premises lawsuit. The first is to make visitors aware of the assumed risk they partake in when entering the property. When documenting the conditions prior to the accident and at the time of the accident, it may be possible to demonstrate that the plaintiff was aware of the hazardous conditions and therefore is partially accountable for his or her grievance. The State of California is a comparative negligence state, meaning the plaintiff’s damages award can be significantly reduced by the fraction he or she is found at-fault for the incident.

Protect Your Business Against Premises Liability Claims and Hire an Experienced Attorney

If you are being sued for premises liability, you should contact the legal support of an experienced personal injury attorney. With the right defense, you may be able to mitigate the consequences of a lawsuit or invalidate the claim altogether.

The attorneys at the Knez Law Group, LLP. have extensive experience in challenging premises liability lawsuits. They have a broad understanding of California’s premises liability laws and know how to analyze and investigate the claim to build a strong defense. The attorneys at the Knez Law Group are prepared to vigorously defend your interests. If you or your establishment is being sued, seek the support of an experienced team of premises liability attorneys today.

Facebook Twitter LinkedIn
By Knez Law Group, LLP | Posted on July 15, 2019 Tags: Personal Injury