Assuming risk in premises liability cases

People who are injured on the premises of an Arizona business should be aware that the owner is not always found liable in these types of cases. For example, at a concert in a New York club, a patron was injured while standing near the mosh pit where people were engaging in a type of dancing that is physical and sometimes violent. The patron argued that the venue was liable because he was not moshing at the time. However, he also admitted to having been in the mosh pit more than two dozen times at other concerts. Based on this, the court ruled that he knew the risks.

In another case, a patron was injured at a bar when she fell while dancing on the counter. The establishment encouraged this activity. The woman said that she was not worried about getting injured although she recognized it as a possibility. The court ruled that she had assumed the risk of injury and that the bar was not responsible.

However, these cases are generally exceptions. It is more common for business owners to be held responsible for injuries on their premises.

Therefore, a person who is injured on someone else's property might still want to meet with an attorney to see whether the owner is liable. Under premises liability law, a business owner or the owner of a property might be responsible if a person falls down a staircase because the banister is unsecured, slips on a wet floor or has another type of accident. In cases like these, it could be more likely that the property owner would be found responsible than in the cases above because the injured person is not engaging in acts that inherently carry the same amount of risk.

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  • United States District Court | District Of Arizona
  • Maricopa Country Bar Association
  • State Bar Of Arizona
  • United States Court Of Appeals | Ninth Circuit

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