Premises liability law is designed to protect visitors to properties who become injured due to the property owner’s negligence or active malfeasance from financial hardship. Not all personal injuries are caused by someone else, though, and there are many people out there just looking to take advantage of the system.
Thankfully, property owners may also hire a premises liability attorney in Honolulu, HI who can defend them against fraudulent claims. Read on to find out what to expect when working with this kind of lawyer.
Determining Liability
Determining liability can be a challenge. Sometimes, liability may even be shared between the property owner and their visitor. A premises liability attorney in Honolulu, HI could determine who is liable for the injury and develop a defense strategy to help their client avoid having to unfairly pay for damages if the visitor was fully or partially at fault.
Developing a Defense Strategy
There are a few common defenses used by premises liability attorneys to defend their clients. If it was the injured party and not the property owner who was responsible for the injury, the attorney would prove it in court. Even if property owners may have been partially responsible, there are still some steps that attorneys can take to mitigate the harm.
The attorney may establish the assumption of risk or showing that the injured party knew that they could be hurt and assumed that risk knowingly. They may also try to prove comparative negligence. This strategy involves acknowledging that the property owner shared responsibility for the injury with the victim, so the defendant will still have to pay some damages.
Collecting Evidence
A lawyer can also help their client collect evidence by interviewing witnesses to the incident, doctors and medical staff at the hospital where the injured party was treated, and others who might have insight into the case. Should the case go to court, the attorney will use that evidence to defend their client.
Learn More Today
Want to find a premises liability lawyer who has experience working for defendants, not plaintiffs? Learn more about Goodsill Anderson Quinn & Stifel. Property owners can browse the website for additional information or call to schedule a consultation today.
