Are there any defenses against a premises liability lawsuit?

Yes, there are defenses against a premises liability lawsuit in Massachusetts. Generally, a defendant or their insurance company will use one of two defenses. The first is that the plaintiff in the lawsuit was comparatively negligent. This means that the plaintiff was partially responsible for their own slip and fall injury due to their own carelessness or action. If the court finds that the plaintiff was comparatively negligent, then the court will reduce the final award accordingly. The second defense against a premises liability claim in Massachusetts is that the plaintiff assumed the risk. This means that the plaintiff was aware of the hazard and still proceeded with their action. For example, if the plaintiff was aware of a slippery surface and still attempted to walk across it, then the premises owner or occupier cannot be held liable for the injury. Overall, the best way to protect oneself from a premises liability lawsuit is to take reasonable steps to make sure that the premises are safe for guests or visitors. This can include regularly inspecting the premises for any potential hazards, providing warning signs and barricades, and making sure that any wet or slippery surfaces are immediately addressed. By taking these steps and exercising reasonable care, premises owners and occupiers can avoid many premises liability lawsuits.

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