Are there any defenses against a slip and fall lawsuit?
Yes, there are defenses available against a slip and fall lawsuit in Arizona. These defenses can be used to prove that the property owner was not negligent in causing the accident resulting in the injury. One defense is a comparative negligence defense. This means that the property owner can prove that the plaintiff was partially responsible for their own injury. Even if the plaintiff was partially responsible, they can still recover damages, but the recovery may be reduced by the percentage of fault attributed to them. Another defense is assumption of the risk. This means that the property owner can prove that the plaintiff assumed the risk of injury by voluntarily engaging in the activity that caused the injury. If this is successful, the property owner will not be responsible for any damages. A third defense is contributory negligence. This means that the property owner can prove that the plaintiff was fully responsible for their own injury. If this is successful, the plaintiff will not be able to recover any damages. Finally, a defense of lack of causation may be available. This means that the property owner can prove that there was no causal connection between the condition of the property and the injury suffered by the plaintiff. If this is successful, the plaintiff will not be able to recover any damages. It is important to remember that each case is different, and the defenses available to the property owner will depend on the facts and circumstances of the case. Consulting with an experienced attorney is the best way to determine which defenses may be available in a particular case.
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