What are the common defenses raised during a negligent security lawsuit?

Common defenses used in negligent security lawsuits in California include insufficient evidence to prove that the property owner knew or should have known of the risk, that the property owner was not negligent in their security measures, that the plaintiff was in the wrong area, or that the plaintiff acted in a manner that contributed to their own injuries. Another defense that can be used is that the injury was not foreseeable, or that the property owner did not act in a careless or reckless manner. The defendant can also argue that the security measures taken were reasonable considering the nature of the property and any known risks that existed. This is known as comparative negligence, which argues that other reasonable alternatives were available after the incident that the plaintiff should have taken. The defendant can also argue that they were not aware of the danger that the plaintiff was exposed to or that they took the necessary steps to reduce any risks. Another common argument used is contributory negligence which states that any actions undertaken by the plaintiff in regards to their safety contributed to the injury. This may include not following posted safety signs or warnings or ignoring dangers that were visible at the time the incident occurred. The defendant may also argue that the plaintiff was fully aware of the existing hazards and the risk of entering the area and assumed the responsibility for any injuries. This defense is known as assumption of risk and may be used if it can be proven that the plaintiff was fully aware of the risks before entering the property.

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What are the common defenses raised during a negligent security lawsuit?

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