Are there any defenses against a premises liability lawsuit?

Yes, there are a few defenses that may be used in a premises liability lawsuit in Arkansas. One defense is the attractive nuisance doctrine, which states that a landowner is not liable for injuries caused to children or minors if the landowner can show that the attractive nuisance was known or should have been known by the child or minor. Another defense is the contributory negligence defense, which states that if the injured party is partly to blame for the incident, the landowner may not be held fully liable for the damages. The most commonly used defense is the assumption of risk defense. This defense argues that the plaintiff was aware of the dangerous conditions of the premises and had assumed the risk of injury when they entered the premises. The landowner must prove that they did not fail to provide warnings of known dangers and that the plaintiff acted recklessly in the face of known risks. Finally, the defense of trespass may be used to argue that the plaintiff was on the premises unlawfully and so the landowner cannot be held liable for any resulting injuries. The landowner must prove that the plaintiff was on the premises without permission and that they had no lawful purpose for being there. In summary, there are a few defenses available to a landowner in a premises liability lawsuit in Arkansas. The common defense is the assumption of risk defense, while the attractive nuisance doctrine, contributory negligence defense, and trespass defense may also be used to assert that the landowner is not liable for the resulting damages.

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Are there any defenses against a premises liability lawsuit?

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