Common Slip and Fall Defenses & How a Lawyer Can Overcome Them
Slip and fall accidents can lead to severe injuries, medical expenses, and lost wages. If you’ve been injured due to a hazardous condition on someone else’s property, you may be entitled to compensation. However, property owners and their insurance companies often use various defenses to deny or reduce their liability. Knowing these defenses and how a skilled personal injury attorney can counter them is essential for maximizing your claim.
Common Defenses in Slip and Fall Cases
1. Lack of Negligence
Property owners frequently argue that they were not negligent and that the accident was purely accidental. To establish negligence, the injured party must prove that the property owner knew or should have known about the dangerous condition and failed to address it in a reasonable amount of time.
How a Lawyer Overcomes This Defense:
- Collecting evidence such as surveillance footage, maintenance records, and witness statements to demonstrate the hazard was known and ignored.
- Hiring experts to establish that the property owner’s actions fell below the standard of reasonable care.
2. Open and Obvious Doctrine
Defendants often argue that the hazardous condition was “open and obvious,” meaning any reasonable person would have seen and avoided it.
How a Lawyer Overcomes This Defense:
- Showing that the victim had limited visibility due to poor lighting or obstructed views.
- Demonstrating that the property owner created an unavoidable hazard.
- Arguing that the victim was distracted due to legitimate reasons, such as following posted directions or signage.
3. Comparative Negligence
Texas follows a modified comparative negligence rule, which means if the injured party is found to be more than 50% at fault, they cannot recover damages. Property owners may argue that the victim was careless and contributed to their own fall.
How a Lawyer Overcomes This Defense:
- Providing evidence that the property owner failed to follow safety protocols.
- Demonstrating that the hazard was not easily avoidable.
- Countering claims that the victim was distracted or acting irresponsibly.
4. No Prior Knowledge of the Hazard
Property owners may claim that they were unaware of the dangerous condition and therefore cannot be held liable.
How a Lawyer Overcomes This Defense:
- Using maintenance logs and inspection reports to show that the hazard existed for a prolonged period.
- Presenting witness testimony from employees or customers who noticed the hazard before the accident.
- Showing industry standards requiring regular property inspections that were not followed.
5. Assumption of Risk
In some cases, the defense may argue that the victim voluntarily assumed the risk by walking in a known hazardous area.
How a Lawyer Overcomes This Defense:
- Proving that the property owner failed to provide adequate warning of the danger.
- Demonstrating that the hazard was unavoidable and presented an unreasonable risk.
- Arguing that the victim did not have a reasonable alternative path to take.
6. No Actual Injury or Pre-Existing Condition
Insurance companies frequently argue that the injuries claimed were either pre-existing or not caused by the slip and fall accident.
How a Lawyer Overcomes This Defense:
- Providing medical records that confirm the injuries were directly caused by the accident.
- Working with medical professionals to establish a clear timeline linking the fall to the injuries.
- Demonstrating that any pre-existing conditions were aggravated by the accident.
Why You Need an Experienced Slip and Fall Attorney
Property owners and insurance companies have strong legal teams to protect their interests. Without proper legal representation, victims may face challenges in proving liability and recovering fair compensation. A seasoned slip and fall lawyer can:
- Investigate the accident thoroughly and gather compelling evidence.
- Negotiate aggressively with insurance companies to secure a fair settlement.
- Represent you in court if necessary, ensuring your rights are protected.
Contact McGilberry & Shirer for Skilled Legal Representation
If you or a loved one has suffered injuries in a slip and fall accident, don’t let insurance companies undervalue your claim. McGilberry & Shirer LLP has a proven track record of successfully handling premises liability cases. Contact us today for a free consultation and let us fight for the compensation you deserve.
