Premises liability claims can pose a serious risk to property owners, landlords, and businesses. These claims arise when someone is injured on your property and holds you responsible for their injuries. If you’re facing a premises liability lawsuit, it’s important to have an experienced legal team on your side. Schneider & Branch is experienced defending property owners in premises liability cases, helping to minimize liability and protect your assets.

Understanding Premises Liability Defense

Premises liability refers to a property owner’s legal responsibility for injuries or accidents that occur on their property. However, just because an injury happened on your property does not automatically mean you are liable. To successfully defend against a premises liability claim, it’s essential to understand the key elements involved:

• Duty of Care: Property owners are generally required to keep their premises reasonably safe for visitors. The level of care depends on whether the visitor was an invitee, licensee, or trespasser.
• Breach of Duty: The plaintiff must prove that the property owner failed to maintain the property or warn of hazards, resulting in the injury.
• Causation and Damages: The plaintiff must show that the property owner’s negligence directly caused the injury, and that the injury resulted in damages (medical bills, lost wages, etc.).

Our attorneys are skilled in challenging these claims, examining whether the property owner met their legal obligations and whether the injury was truly caused by negligence.

Common Types of Premises Liability Claims

Premises liability cases can take many forms, but some of the most common claims include:

• Slip and Fall Accidents: These are among the most frequent premises liability claims, often stemming from wet floors, uneven surfaces, or poorly lit areas.
• Negligent Security: Property owners may be held liable for injuries caused by criminal activity if they fail to provide adequate security measures, such as proper lighting or security personnel.
• Defective or Unsafe Conditions: Hazards like broken staircases, faulty wiring, or hazardous substances can result in injury and lead to a premises liability lawsuit.
• ADA Lawsuits: Serial litigants can target small businesses seeking quick payouts for minor violations such as cracks in the sidewalk. 

Defending against these claims requires a thorough investigation of the facts, including whether the property owner took reasonable steps to prevent the hazard and whether the injured party contributed to the accident.

Key Defenses in Premises Liability Cases

Not all premises liability claims result in liability for the property owner. There are several potential defenses that may reduce or eliminate your responsibility for the injury:

• Lack of Negligence: If the property owner took reasonable steps to maintain the safety of the premises, they may not be liable for injuries.
• Assumption of Risk: If the injured party knowingly engaged in a risky activity (such as ignoring warning signs), they may not have grounds for a claim.
• Comparative Negligence: In some cases, the injured party may share responsibility for their injuries, reducing the amount of damages they can recover.
• Trespassing: Property owners generally owe little to no duty of care to trespassers, and if the injured person was unlawfully on the property, they may not be entitled to compensation.

Our attorneys will thoroughly investigate the incident, gather evidence, and build a strong defense based on the facts of your case.

Our Approach to Premises Liability Defense

At Schneider & Branch, we understand how damaging premises liability claims can be to property owners, landlords, and businesses. We provide a comprehensive defense strategy, tailored to the unique circumstances of each case. Our approach includes:

• Thorough Investigation: We examine every detail of the incident, including property maintenance records, witness statements, and video surveillance to build a strong defense.
• Challenging the Plaintiff’s Claims: Our attorneys work to discredit the plaintiff’s claims of negligence, questioning whether the alleged hazard truly existed and whether the property owner could reasonably have known about it.
• Minimizing Damages: Even if liability is established, we fight to reduce the financial impact by challenging the extent of the plaintiff’s injuries or their claimed damages.

Our goal is to protect you from unwarranted claims and limit your exposure to costly settlements or verdicts.

Steps to Take if You’re Facing a Premises Liability Lawsuit

If you are facing a premises liability claim, taking the right steps early on can significantly impact the outcome of the case. Here’s what you should do:

1. Preserve Evidence: Keep records of property maintenance, incident reports, and any photos or videos of the scene where the injury occurred.
2. Notify Your Insurance Provider: Inform your insurance company of the claim immediately to ensure coverage and support in your defense.
3. Document Communications: Keep track of all communications related to the claim, including any contact with the injured party or witnesses.
4. Consult an Experienced Defense Attorney: Contact a premises liability defense attorney as soon as possible to help protect your rights and build a strong defense.

To reduce your risk of premises liability claims:

• Regularly inspect your property for hazards, especially in high-traffic areas.
• Promptly address any known dangers, such as spills, broken fixtures, or security concerns.
• Post visible warnings of potential hazards, such as wet floor signs or restricted area notices.
• Ensure proper lighting and security measures are in place, especially in areas that may attract criminal activity.

If you’re facing a premises liability lawsuit or want to take steps to reduce your risk of claims, contact Schneider & Branch today. Our experienced attorneys will work with you to build a strong defense and protect your property and financial interests. Schedule a consultation to discuss your case and learn how we can help.