Are there any defenses against a premises liability lawsuit?

Yes, there are defenses to a premises liability lawsuit in Washington State. The most common is a lack of negligence on the part of the property owner. In order for a plaintiff to succeed in a premises liability lawsuit, they must prove that the property owner was negligent in their duty of care to maintain the property and that this negligence was the direct and proximate cause of the plaintiff’s injuries. Property owners have a duty of reasonable care to maintain their premises to keep it safe for anyone who is legally on the property. If a property owner can show that they took reasonable steps to keep their property safe, they can use this as a defense. For example, if the property owner had properly posted warnings or taken other reasonable steps to inform visitors of potential dangers, then this could be argued as a defense. The property owner could also show that the injured person was at fault, either because they were acting carelessly or were aware of the danger and disregarded it, thus assuming the risk of harm. Another possible defense is contributory negligence. If a plaintiff’s own negligence contributed to their injury, they might not be entitled to full compensation. Finally, a defense of assumption of risk exists if a plaintiff voluntarily accepted the risk of harm. For example, a plaintiff who voluntarily engaged in a dangerous activity on the property, such as skiing, may not be able to seek compensation for any injuries that resulted from their actions.

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Are there any defenses against a premises liability lawsuit?

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