Are there any defenses against a premises liability lawsuit?
Yes, there are defenses available to employers, property owners, and other potentially liable parties if they are involved in a slip and fall lawsuit in California. These defenses may be used to try and reduce liability or avoid it altogether. One defense is comparative fault. This defense states that the injured person was partly responsible for the accident due to their own negligence. The court may find that the property owner was partly at fault, but the injured person was also negligent and therefore holds some responsibility for the accident. Another defense is assumption of the risk. This defense states that the injured person was fully aware of the hazardous conditions on the property and chose to enter at his or her own risk. This defense is often used if the injured person is an employee and was aware of the dangers. A third defense is open and obvious danger. This defense states that the injured person should have been able to anticipate the risks of certain conditions on the premises. The property owner may argue that the person should have seen the danger and taken steps to avoid it. Finally, the property owner or employer may argue that they had taken reasonable steps to make the premises safe and had warned about any potential dangers. This defense may be used if the property owner took steps to remediate a hazardous condition or warned the injured person about any potential risks.
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