If you are gearing up for a slip and fall injury claim, you should familiarize yourself with the defenses the defendant is likely to raise. That way you will be better prepared to combat the defenses. Below are some of the typical slip and fall injury defenses.
Inadequate Notice
Property owners are only liable for risks that they knew or should have known existed on their properties. Advance knowledge gives the property owners time to rectify the dangers. With inadequate notice, a property owner cannot take care of a dangerous condition even if they want to.
Consider an example in which a freak storm sweeps through an area and leaves broken pieces of glass in a shopping mall. If a shopper slips and falls on the glass pieces a couple of minutes after the storm, they might not have a claim against the property owner. A couple of minutes are not enough to clear debris after a storm.
Assumption of Risk
The assumption of risk defense alleges that you knew about the risk but accepted it. The acceptance doesn't have to be verbal; even nonverbal acceptance (actions) count.
Consider an example of a shopping mall floor with a "Slippery Floor" warning. That warning should make shoppers avoid the areas or tread with caution. A shopper who elects to go through the slippery section of the floor assumes the risk of slipping and falling. Thus, the mall owner may not be liable for the shopper's injury if the shopper slips and falls.
Lack of Hazard
You are not entitled to compensation just because you slipped and fell on someone else's property. You must prove that a dangerous condition existed and the dangerous condition caused the injury. You can fall even in a relatively safe area, maybe even due to your actions.
For example, you can slip and fall because you have the wrong shoes, you are distracted by your phone, or you are carrying a heavy load. In such a case, the property owner should not be liable for your damages.
Obvious Risk
Lastly, the property owner can also claim that the risk that caused your injury was open and obvious. An open and obvious risk is anything that you know or should know about and avoid. For example, many property owners erect barriers (such as bricks) around trees to protect the trees from human activities. These barriers are obvious and clearly visible. Thus, if you trip and fall over such a barrier, the property owner can use the obvious and open defense.
For help with your personal injury case, contact a resource like Kilgore Smith LLC.
