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Common Defenses Employers and Property Owners Can Use in Slip and Fall Cases

Slip and fall accidents can lead to serious injuries and an economic burden. As a victim, you are entitled to a legal settlement to pay for the lost wages and damages. However, employers and property owners often use various tactics to deny or reduce their responsibility. Below are common defenses that building owners and employers can use in slip and fall cases.

1. Open and Obvious Defense

Open and obvious doctrine is one of the most frequently used defenses in personal injury cases. The legal principle argues that the hazard that caused the slip and fall was open and obvious. Property owners also claim that danger had adequate warning that a reasonable person would have noticed and avoided. For instance, hazards like large holes in the ground and bright yellow caution signs are considered open and obvious. In this case, the defendant may argue that the victim should have noticed and taken care to avoid such risky areas.


The tactic is often tricky, as the judge may dismiss the case entirely. That is particularly true if they confirm that the danger was visible and the victim was not paying close attention. You can counter the defense by providing adequate evidence to prove the injuries. For instance, prove that even though the danger was visible, the surrounding circumstances, like obstructions and poor lighting, made it unreasonably dangerous. Getting legal guidance is essential to demonstrate these conditions.

2. Comparative Negligence

Slip and fall accidents involve challenging scenarios and questions, including who is at fault. Property owners and employers might argue that you are partially or fully responsible for your injuries, to avoid compensating you. 


This defense strategy is based on a comparative negligence system that allows the court to assign a percentage of fault to each party. Under this law, your settlement is calculated based on your portion of fault. For example, if you are found to be 30% responsible, you are only awarded 70% of the damages.


Understanding the available types of comparative ignorance is essential if you want to recover considerable damages for your injuries. For instance, pure comparative negligence allows you to claim payment even if you are up to 90% at fault. Meanwhile, modified comparative negligence prevents you from any payment if you are more than 50% responsible. Working with a reliable New Jersey slip and fall attorney will help prove you exercised reasonable caution and avoid admitting fault.

3. Lack of Notice

The lack of notice defense argues that the building owner or employer did not have prior notice of the dangerous condition that caused the accident. Most states require property owners to have actual or constructive notice of any hazardous condition and fix it. An actual notice means that the property owner knew about the danger. 


On the other hand, a constructive notice means the danger existed for long enough that they should have known about it. Failure to address the danger makes the owner responsible under premises liability laws.


For example, if a spill occurred moments before the fall, the owner may argue that there was not enough time to discover and address it. In this case, you can demonstrate that the property lacked regular inspections to prevent falls. You can also use surveillance footage and maintenance logs to dispute the timeframe of the hazard. This will prove that the owner or employer had enough time to fix the dangers before accidents.

Endnote

Building owners and employers will always try to shift blame or reduce their fault in slip-and-fall cases. Fortunately, you can increase your chances of winning the case by understanding the above common tactics. An experienced lawyer can also investigate your case and build compelling evidence for you.

author

Chris Bates



STEWARTVILLE

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