Slip-and-fall accidents can happen to anyone, anywhere, at any time. Slip-and-fall accidents are the leading cause of emergency room visits, accounting for over 1 million visits per year. And while it may seem like an open-and-shut case if you slip and fall on someone else's property, it's not always that simple. Property owners and their insurance companies will often try to use a variety of defenses to avoid liability for your injuries. Here are some common defenses used by property owners in slip-and-fall cases, as well as how your slip-and-fall attorney can overcome them.
1. "You Should Have Seen It."
A property owner can argue that the hazard was "open and obvious" and that you should have been paying attention. But the truth is, property owners have a duty to keep their property safe, regardless of whether or not hazards are "open and obvious."
Your attorney can counter this defense by pointing out that the property owner had a duty to keep the property safe and should have taken steps to remove or warn of the hazard.
2. "You Were Trespassing."
A property owner may say you were trespassing on their property at the time of your accident. But even if you were trespassing, property owners still have a duty to keep their property safe. Your attorney can counter this defense by pointing out that the property owner had a duty to keep the property safe for anyone who may enter it, regardless of whether or not they were invited.
3. "There was No Notice of the Hazard."
Property owners may also try to claim that they had no notice of the hazard that caused you to slip and fall. But property owners have a duty to inspect their property and fix any hazards they find. Your slip-and-fall attorney can counter this defense by showing that the property owner should have known about the hazard and taken steps to remove it.
4. "The Hazard Was Caused by an Act of God."
Some property owners may try to claim that the hazard that caused your slip and fall was caused by an act of nature and that they are not liable. But this defense is usually not successful. Your attorney can counter this defense by showing that the property owner should have taken steps to protect against hazards caused by natural events, such as heavy rain or snow.
So, if you've had a slip-and-fall accident, don't let the property owner or their insurance company off the hook. With the right representation, you can beat these defenses and get the justice you deserve. After a slip-and-fall accident, speak with a slip-and-fall attorney about your legal options. For more information, contact a firm like Spiegel & Barbato, LLP.
