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There are a few common defenses used by property owners to avoid liability for injuries caused to their guests.
They include:
- The hazard was open and obvious: The open and obvious doctrine—which is practiced in New Jersey—states that a property owner is not required to warn guests of dangerous conditions that were open and obvious and should have been noticed by the guest.
- The claimant assumed risk: Many businesses—such as trampoline parks and public swimming pools—require individuals to sign a document stating that they assume all risk of the known hazards associated with the activity being offered. Even those who don’t require guests to sign a liability waiver will often use this defense, noting that the guest should have understood the hazards involved in participating in the activity.
- The claimant was liable for the accident that caused his or her own injury: Insurance companies who provide policies to property owners often attempt to reduce or remove liability by stating that the claimant was responsible for his or her own injury. Common claims along this vein include stating that the injured person fell because he or she was wearing the wrong shoes, or he or she was distracted by a cell phone and not paying attention.
One of the many benefits of having an experienced premises liability lawyer at The Levin Firm to assist you with the recovery of damages is that they have heard these defenses before, along with many others, and know-how to counter them.