Home and property owners must take reasonable steps to protect visitors, and when they fail to do so, they may face civil claims. However, they don’t have to do so at all times, and plaintiffs must prove that their injuries come from an owner’s negligence. A property owner and a slip and fall injury attorney in Gonzales, LA may mount one of a few defenses, as listed below.
The Obvious and Open Defense
This doctrine might absolve a property owner of responsibility when an injury is caused by a hazard that should have been clear to a reasonable person. Visitors must avoid obvious risks and protect themselves, but an owner may still be liable if that knowledge isn’t enough to protect a person from injury.
Contributory and Comparative Negligence
A personal injury case may involve negligence on both sides, and a court’s biggest challenge typically lies in the apportionment of blame. A plaintiff who’s partially responsible may receive a reduced recovery in a jurisdiction with a comparative negligence law, but they may get nothing in an area that follows the contributory negligence doctrine.
The Different Path Defense
Such a defense might be raised when a plaintiff could have avoided the injury by taking a different path or acting a different way. This defense puts part or all the blame on the alleged victim, but a judge might rule it out in a situation where a visitor couldn’t tell which was the safer choice.
The Taking of Reasonable Steps
A defendant in a slip and fall case may maintain that they did everything possible to prevent an injury, and it’s their job to prove that those efforts failed to meet the duty of care. A plaintiff must prove that a property owner knew, or should have been aware of, a danger and failed to prevent an accident. The courts consider the property’s condition when weighing a defense, and a defendant’s assertions may not be as persuasive when conditions are poor.
Consult an Attorney Today
Even the most common legal matters often become stressful and complex. A slip and fall injury attorney in Gonzales, LA will address a client’s unique legal needs, explain the state’s laws, and provide courtroom representation. Call to schedule a consultation or click here for more details.