When an injured person files a slip-and-fall lawsuit, the property owner often mounts a defense to avoid liability. These legal defenses are grounded in premises liability law, and understanding common defenses property owners use in slip and fall claims is crucial for anyone involved in slip and fall cases.
It doesn’t matter if the incident occurred on commercial, residential, or public property; owners and their insurance providers are likely to argue that they are not responsible for the slip and fall accident due to a lack of negligence or notice.
The Role of Reasonableness in Premises Liability
Property owners are not automatically held liable just because someone fell on their property. Under the law, they have a legal obligation to maintain reasonably safe conditions.
A court will examine whether the owner acted as a reasonable person would under the circumstances. If the owner can show they exercised reasonable care, they may avoid liability.
Common Defenses in Slip and Fall Claims
Slip and fall lawsuits are a serious concern, but the accused may try different defense strategies to try and get away with it. Here are a few common ones to remember:
1. Lack of Actual or Constructive Notice
A primary defense in fall lawsuits is the notice defense. The property owner may argue that they lacked actual or constructive notice of the hazardous condition that caused the slip and fall incident.
Constructive notice implies that a hazard existed long enough that a reasonable person would have discovered and corrected it. If the owner can show that the hazard appeared suddenly and without warning, they may escape liability.
This means the fall lawsuit slips, and the property owner doesn’t have to pay anything for the damages caused.
2. The Open and Obvious Hazard Defense
This is a prevalent defense in fall cases. If the danger was clearly visible or commonly known, the property owner can argue that it was an open and obvious hazard.
Courts may conclude the injured person should have taken steps to avoid the obvious danger, thereby reducing or eliminating the property owner’s responsibility.
This strategy hinges on the principle that individuals must avoid risks that a reasonable person would recognize.
4. Comparative Negligence
Comparative negligence is frequently used to argue that the injured person was partially responsible for the accident. For example, if someone slips while texting or ignoring a warning sign, their negligence contributed to the fall.
Under comparative fault laws, any awarded damages may be reduced based on the plaintiff’s share of fault. In some states, if the plaintiff is more than 50% at fault, they cannot recover damages. This means the accused doesn’t pay damages even if the property owner breached basic safety.
5. Inadequate or Missing Warning Signs
Slip and fall defenses often include arguments that warning signs were present, alerting guests to the dangerous conditions.
If it can be proven that signs were clearly visible, the property owner’s negligence becomes more difficult to establish. Surveillance footage and witness statements can be instrumental in proving or refuting this defense.
This ultimately means that the property owner knew about the threat but assumed it was obvious to miss, directing the challenge towards the victim again.
6. Claim of No Hazard Existed
Another key argument in defense strategies is that no hazard existed at the time of the fall accident. This defense may rely on surveillance footage, maintenance records, or testimony to show that the area was free of spills, obstructions, or other dangerous elements. A lack of prior knowledge of any issues further supports the defense.
7. Pre-Existing Conditions
Defendants often argue that the plaintiff’s injuries were caused not by the slip and fall but by pre-existing conditions. This may include past back problems, chronic pain, or other health issues. Defense attorneys will review medical records to find evidence that the injury existed before the fall incident or was unrelated to it.
Proving Liability in Slip and Fall Cases
To overcome these common defenses, a plaintiff and their personal injury lawyer must provide strong evidence to support their personal injury claim. This involves:
1. Showing That the Property Owner Failed in Their Duty
The plaintiff must prove that the property owner failed to take reasonable care to keep the premises safe. This can include missed inspections, ignored maintenance needs, or poor lighting.
2. Establishing the Existence of the Hazard
Fall claims must demonstrate that the hazard was present long enough that the owner should have known. This supports a finding of constructive notice. Documentation such as maintenance records, witness statements, and surveillance footage are vital here.
3. Demonstrating That the Hazard Was Not Obvious
If the defense claims it was an open and obvious hazard, the plaintiff can argue the hazard was not noticeable or visible due to lighting, distractions, or how the area was designed. This weakens the obvious hazard defense and supports a claim of property owner negligence.
In some other cases, if the accused proves they had inadequate notice or lacked sufficient knowledge regarding the threat, they might not have to pay for damages.
Therefore, it’s crucial to approach the slip and fall claims with extreme caution, preferably with the help of legal representation.
The Importance of Legal Representation
Fighting against slip and fall defenses requires the guidance of an experienced fall accident attorney or personal injury lawyer who understands premises liability cases and how to respond to defense strategies effectively. An attorney can:
1. Build a Strong Legal Case
An experienced lawyer will gather critical evidence like medical records, photos, and witness statements to strengthen your personal injury case and counter defenses.
2. Ensure Timely and Thorough Legal Process
Slip and fall attorneys help handle the legal process efficiently and ensure that deadlines are met for filing your slip and fall claim or responding to defenses raised by the property owner.
3. Pursue Full and Fair Compensation
An attorney can help you pursue fair compensation for medical expenses, pain and suffering, lost wages, and any long-term care needs. They can also challenge attempts by the other party to avoid liability based on weak or unfounded defenses.
The legal defense can also help you understand the laws protecting slip and fall victims from unfair compensation.
Conclusion
As you can see, common defenses property owners use in slip and fall claims are built to limit or avoid financial responsibility.
These include the notice defense, comparative negligence, the obvious hazard defense, and arguments involving pre-existing conditions or denial of a hazard. Each defense aims to dispute the property owner’s negligence and shift blame to the injured person.
Understanding these strategies is key to building a strong case and recovering the damages you deserve.
Challenge Property Owners and Their Defense Strategies With BLG
If you or a loved one were hurt in a slip and fall accident on someone else’s property, contact Bourassa Law Group for a free consultation.
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Our team of slip and fall lawyers is skilled at challenging defense tactics and securing compensation for clients in premises liability law cases. Let us help you hold the responsible property owner accountable and guide you through your fall lawsuit with the expertise and dedication you deserve.
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