Served with a Premises Liability Lawsuit?
Orange County Civil Defense Attorneys Represent Businesses
When someone alleges a slip and fall or other injury on business property, the person may bring a premises liability lawsuit against the company. Baseless or exaggerated lawsuits cost a business owner time, money and may result in poor publicity. In these situations, an investigation is necessary and you will want to consider all available defenses with a business litigation attorney.
Orange County business litigation lawyers represent businesses when they need to defend against a premises liability lawsuit. We will investigate the allegations and respond to the lawsuit as well as raise all applicable affirmative defenses. Sometimes, a business owner might wish to mediate or settle the suit to move on quickly. In other situations, the lawsuit may be frivolous or overblown. In those cases, litigation to fight back against the claim may be necessary. We guide our clients using our experience and legal knowledge to find the best pathway to resolution.
What are Defenses to Premises Liability Lawsuits?
A premises liability lawsuit based on the negligence must allege certain elements:
- The business owed a duty of care to the plaintiff;
- There was a breach in the duty of care;
- The breach was the proximate cause of the alleged injury; and
- Damages occurred as a result of the injury.
Basic defenses to premises liability involve disputing the elements above. In many situations, the elements most easily disproven are that there was a breach of duty, or that the breach of duty was the proximate cause of the alleged injury.
Are There Affirmative Defenses to Accidents on Business Property?
In addition to attacking one of the elements of negligence explained above, business owners may raise affirmative defenses. The most common affirmative defenses in these situations are:
- Assumption of risk. This is when a customer or client purposefully seeks out dangerous or risky actions and behaviors on the property. This is not the fault of the owner when an injury results.
- Contributory negligence. This is where the person is partially or completely at fault for the accident for failing to reasonably protect his or her own safety.
Do You Need a Business Litigation Attorney?
Business owners should know that actions to remedy a situation after someone alleges injury cannot be used against them in a lawsuit. For example, let’s say you have a crack in a step and someone alleged that crack was a dangerous condition that caused a slip and fall accident. Then, the business owner can fix the crack without admitting liability. However, it is always a good idea to speak to a business attorney as soon as someone claims an injury for legal advice. If you have been served a civil lawsuit regarding business premises liability, then contact our premises liability defense lawyers today for a free consultation.