Going into the premises liability lawsuit, the individual should be aware of how the defendant will try to avoid legal consequences. There are several common defenses that defendants use and try to employ in the court. Understanding these defenses gives you legal leverage achieving a more favorable legal outcome.
The defendant may insist that the hazards on the property are plainly obvious. They might use the legal phrase “open and obvious” when describing the dangerous condition in the query.
The defendant can also use the “trivial defect defense.” This defense is based on the premise that the injury was due to an extremely minor defect on the property.
The defendant may try to argue that the injured individual was fully aware of the dangerous condition before going into the property. Some cases like the injured person might have passed clear signage warning them.
The defendant can also try to insinuate that the plaintiff was misusing the property, and this was the reason for the injury.