Legal Defenses to Premises Liability: Contributory Negligence
Injuries that occur on someone else’s property lead to severe injuries and disabilities. Premises liability laws allow victims to hold property owners, managers, tenants, and others responsible for injuries and other damages.
Property owners have a duty of care to keep occupants and visitors safe. When they breach that duty, they may be held liable for damages, and plaintiffs may be entitled to receive compensation in a court of law.
Contributory negligence may be used as the basis for a defense against a personal injury claim involving premises liability.
Understanding contributory negligence is essential to getting compensated for injuries or avoiding costly legal actions.
Contributory Negligence in Personal Injury Cases
Contributory negligence occurs when it’s believed that both the plaintiff and the defendant shared negligence that contributed to damages involved in a legal case.
A defendant may claim that the plaintiff’s actions led to the accident that occurred on their property as well as the injuries that resulted from the incident.
Plaintiffs need to be aware of contributory negligence when filing a legal claim against a property owner. If the courts agree that the plaintiff shared some portion of negligence, then they may not be eligible to receive compensation.
Contributory negligence is one of many legal defenses that can be used in a personal injury case. So consulting with an experienced personal injury attorney helps plaintiffs prepare their case and secure compensation for their injuries.
How Defendants Can Demonstrate Contributory Negligence in Georgia Courts
In order to prove contributory negligence, a defendant must show that three factors exist in a personal injury case:
- The plaintiff knew the safety risks involved.
- The plaintiff fully understood and appreciated the risks.
- The plaintiff put himself or herself at risk voluntarily.
The defendant has the burden of proof in Georgia courts to show that the plaintiff’s negligence contributed to their injuries.
Gathering the right evidence is essential to supporting your claim in a premises liability case.
Personal Injuries and Compensation for Damages
When property owners fail to repair and maintain their properties, they put visitors and others at risk for injuries.
Anyone with an expressed or implied right to be on the property may hold property owners accountable when an accident occurs.
Common causes of injuries in these cases include faulty equipment, unstable or wet surfaces, obstructed entryways, and the presence of hazardous materials.
The failure to notify others of any existing safety risks may also result in a property owner facing a legal action by the injured party.
Court judges evaluate the evidence related to your case in order to determine who was at fault. In addition to negligence, other factors such as the classification of the plaintiff may also influence the outcome of the case.
Understanding contributory negligence helps plaintiffs present the evidence needed to show that a property owner was responsible for their injuries and damages.
Defendants use contributory negligence to show that the plaintiff played a role in causing the accident that led to their injuries.
Working with the right legal professional will help you choose the legal strategies you need to win your case in a Georgia courtroom and protect your personal, professional, and financial interests.