What are the common defenses raised during a negligent security lawsuit?
When a person or their property is injured as a result of negligent security in Virginia, they may be able to file a lawsuit. In order to be successful in a negligent security lawsuit, the plaintiff must prove that the property owner or business owner did not provide a reasonable amount of security, which resulted in the injury or property damage. During a negligent security lawsuit, the defendant may use certain defenses to try to avoid liability for the injuries or damages. One of the most common defenses is that the victim assumed the risk of injury, by voluntarily entering the property or business. Another common defense is that the owner or business should not be held responsible for the acts of a third party, if they had no prior knowledge of or control over the situation. The defendant may also argue that the plaintiff was not responsible and exercised reasonable care for their own safety. A defense that may also be raised is that the plaintiff was partly responsible for the injuries or damages, if their own actions contributed to the negligent security incident. Additionally, the defendant may argue that the security measure in place was sufficient and that the incident was unforeseeable or out of their control. Each of these common defenses may be used to help the defendant prove that they are not liable for the plaintiff’s injuries or damages. However, in order to be successful, the defendant must prove that their defense is valid and applies to the situation.
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