Experiencing an injury on someone else’s property can be a distressing event, often leading to unexpected medical bills and lost wages. As you consider pursuing a premises liability claim, it is crucial to understand that the property owner may present various defenses to avoid liability. Knowing the common arguments that property owners use can help you prepare for the legal process ahead.
They had no notice of the hazard
Owners often argue they did not know about the danger. In California, the injured party must show the owner knew about the unsafe condition or should have found it through reasonable inspection. If the owner had no realistic chance to learn about the hazard, they may avoid liability.
The hazard looked “open and obvious”
Property owners may sometimes claim that the injured party should have seen the danger and avoided it. This is crucial to know as state law may reduce an owner’s duty when a reasonable person would spot the risk. Still, courts may hold an owner responsible when a hazard creates a real danger even when people should notice and avert it, or when the situation makes it hard to avoid.
The injured party shares some of the blame
Property owners also often claim that an injured party’s actions contributed to their injury.
Since California uses “pure comparative negligence”, the court can reduce your damages by your share of fault. If a jury assigns you 20% of the blame, the court cuts your award by 20%.
The injured party trespassed or entered a restricted area
If you were on the property without permission, the owner’s responsibility for your safety is significantly reduced, though they still cannot intentionally harm you. A customer injured in a restricted “employees only” area faces this challenge regularly.
Someone else caused the hazard
The owner may shift blame to a tenant, contractor or vendor. In multi-party situations, insurers often argue over who controlled the area and who had the duty to fix the problem. California’s rules on fault allocation can make these cases complex.
Understanding how property owners might shift blame
Recognizing these common defenses can give you a clearer picture of what to expect if you decide to file a premises liability claim. While property owners may use these arguments to limit or avoid responsibility, being informed can help you protect yourself and seek compensation for your injuries if needed.
