As a business or property owner, it can be distressing to find yourself on the end of a premises liability claim. This is even more true if you are sure the person’s injury was not your fault.
Learning about some of the potential defense options is a wise first step. Here are some to consider:
1. They should not have been on the premises
As we mentioned in a previous post, just because someone was trespassing on your property does not necessarily mean you can escape a claim if an accident occurs. However, it will reduce the number of circumstances where the law would consider you at fault.
2. It’s someone else’s responsibility, not yours
Let’s say someone trips over on the commercial premises you are leasing. The injured party may try to sue you. However, you might feel that it is the landlord they should be suing. Maybe you had told the landlord there was an issue that needed fixing but they had failed to act. The specifics of your lease agreement will be important here.
3. Their injury did not happen on your premises
You are struggling to work out how such a minor incident can have resulted in such significant injuries. It could be that the person already had some of those injuries, or sustained them after their accident on your property. Or maybe there was no accident on your premises.
Those are just a few of the ways you might contest a premises liability claim. Learning more about what options are appropriate to your situation will be crucial if you find yourself in such a situation.