Proving an injury is not due to a defect on your property

On Behalf of | Oct 11, 2022 | Premises Liability Defense |

Business owners of all types must keep premises liability in mind at all times. Customers, residents, and tenants will all be quick to point the finger at the property owner when an injury occurs.

In many cases, the injured party might cite a defect on the property as the cause of the injury. Should this occur, you can protect your business by knowing how to prove that a defect has no bearing on your involvement with an injury.

Understand how defects relate to liability

Any defect, if there truly is one, must be a contributing cause to an injury for a premises liability claim to be valid. This means that the individual filing a claim must prove that the injury is not a pre-existing condition and that it is the result of an on-site incident. Even when a defect does contribute to an injury, you must have ample opportunity as the owner to notice and correct the issue before a court can hold you fully responsible.

Understand the role of your property lease

In any premises liability case, the terms of the property lease might provide additional insight into the owner’s rights and responsibilities as they pertain to injuries on the property. The wording of your lease may favor you and provide certain legal safeguards

Property owners who do their due diligence in maintaining their business and complying with insurance requirements usually have little to worry about in an injury case. Premises liability issues are often a matter of proving that the owner and staff are doing their utmost to uphold their legal and contractual obligations to their clients.