Category Archives: Premises Liability
Common Arguments from Defendants in a Premises Accident Lawsuit
I recently resolved a case at mediation, very satisfactorily in my opinion. The case concerned a client who sustained a bad elbow injury as a result of a fall on an outside stairway leading from a side exit. The client was working as a security guard at the time of the fall. I think it is instructive to bring up the three arguments that I had to overcome -all presented for the first time at the mediation- to obtain the favorable recovery. The case was on for trial in a matter of weeks had we not settled it at the mediation. The three arguments that the defendant/insurance company put forth were:
Is a Premises Liability Case Affected By the Open and Obvious Rule?
A premises liability case is one in which a person sustains an injury while on somebody else’s property, whether it be a landlord, business or other entity. These cases almost always involve an issue of management or control over the premises. The question is whether the landlord or other person in control exercised reasonable care in maintaining the area.