Defenses To a Slip and Fall Claim

When you file a slip-and-fall lawsuit against a negligent property owner, you want to recover damages. The property owner and their insurance company don’t want to pay for your injuries, so they’ll challenge your claim. To win your premises liability claim, you need to expect what the property owner will say in their defense.

Premises liability laws differ in every state. To overcome the insurance company’s legal defenses, talk to a local premises liability attorney.

Common Defenses To Slip and Fall Claims

Property owners are generally represented by their insurance company when you file a lawsuit against them. Homeowners have homeowner’s insurance, and businesses have insurance to defend against legal claims. In most cases, the insurance company pays for your slip-and-fall injuries—not the property owner.

The insurance company has a team of defense lawyers who handle premises liability cases. Generally, their goal is to pay out as little as possible. They will file legal challenges to your lawsuit and dispute your personal injury claim. They’ll also try to negotiate a low settlement offer to save the insurance company money.

Your personal injury attorney should expect the insurance company’s legal defenses. This will help you challenge their legal claims. Common defenses to slip-and-fall personal injury lawsuits include:

• The victim’s negligence caused their injuries
• The owner didn’t have a duty of care to the injury victim
• The hazardous conditions were open and obvious
• The victim assumed the risk of harm
• The victim waived their legal claim
• The statute of limitations expired

Comparative and Contributory Negligence

Contributory negligence is one of the most common legal defenses in a slip and fall case. Some accidents are caused by a combination of the property owner and injury victim’s negligence. If the injury victim was partially to blame, it could limit their damages.

Comparative negligence laws vary by state. Strict contributory negligence states (Alabama, Maryland, North Carolina, Virginia, and also Washington D.C.) won’t let injury victims get anything if they have any share of liability. Most comparative negligence states will reduce the injury victim’s damages based on their level of fault.

For example, a grocery store customer slipped on a piece of fallen fruit and suffered an injury. The jury found the customer 20% responsible because they were looking at their phone. The grocery store owner was 80% responsible. If the injury victim suffered $100,000 in damages, they could only recover $80,000 from the store owner.

Your rights can depend on state law. Talk to a local personal injury lawyer about your state’s comparative negligence laws.

Open and Obvious Dangers

Property owners can avoid liability when the dangerous conditions are open and obvious to a reasonable person. For example, an office is repairing stairs in the parking garage. There’s a warning sign across the stairs guiding visitors to another stairway. A visitor is in a hurry, ducks under the warning sign, and falls from the broken stairs. The business owner may argue that the danger was obvious because of the sign and the visitor didn’t take reasonable precautions.

Assumption of the Risk

Some injury victims assume the risk of injury when they engage in dangerous activities. For example, a hockey player goes to an ice rink to practice skating. They slip and fall, suffering a back injury. The insurance company may claim the injury victim assumed the risk of slipping on ice by participating in ice skating activities.

Liability Waiver

Some businesses have participants sign a liability waiver. The waiver acknowledges the dangers and waives their rights to file a lawsuit. A liability waiver can protect property owners from certain injury claims. For example, visitors to a water park have to sign a liability waiver to enter the park. If a visitor slips on a waterslide and falls, the liability waiver may limit their legal claims.

No Duty of Care

In some states, the property owner’s duty of care differs based on the type of visitor. Some property owners don’t owe a reasonable duty of care to trespassers. If a trespasser crosses your property and trips over a drainage pipe, the property owner may have a legal defense.

After the Statute of Limitations

The statute of limitations is the time limit for filing a personal injury lawsuit. The time limit for a slip-and-fall claim is generally between one and three years, depending on the state. The court can dismiss your claim if you wait too long to file a premises liability lawsuit. Contact a lawyer as soon as possible to make sure you file your claim in time.

Challenging the Insurance Company’s Defenses

Your lawyer can prepare your personal injury case by anticipating the insurance company’s legal defenses. They can present evidence to dispute their defenses and strengthen your claim. Talk to your lawyer about what types of defenses the insurance company will come up with in your case. An experienced slip-and-fall accident lawyer can negotiate with the insurance company to maximize your settlement. For more information about how to build a strong slip-and-fall injury case, talk to a premises liability lawyer.