Slip and fall liability is something that every property owner should be considering, especially because many people are facing expensive claims and rising insurance premiums relating to these types of accidents. The unfortunate truth is that if a person is injured in an accident, then it can be challenging to receive fair compensation because the people who are liable might try to avoid paying damages by leveraging legal loopholes and other types of defenses.
If you or a loved one needs help with a slip and fall lawsuit, then it’s time to reach out to our team at Green Law Firm for support. You need an advocate who will protect your rights and negotiate on your behalf. Not only can an experienced lawyer help with your case, but they will also work hard to maximize the compensation that is available for you and your family.
The Most Common Strategies Property Owners Use to Avoid Responsibility
Not only does the property owner want to avoid paying, but their insurance company will likely be proactive in trying to avoid slip and fall claims by dismissing cases or dodging liability. Your lawyer will need to build a case that shows property owner negligence, with evidence that they could have proactively avoided the accident.
Some of the premises liability defense tactics that they might use include:
- Try to prove that the hazard was open and obvious, which means that any reasonable person could have avoided it.
- Use comparative negligence in slip and fall cases to try to blame the victim for the accident. For example, they might try to argue that you were distracted or participating in dangerous behavior when the accident occurred.
- Claiming insufficient evidence of negligence. If there isn’t any documentation, witnesses, or photos, then it can be difficult to get compensation because you will be unable to prove liability or negligence.
- Use timeline strategies, such as arguments that the incident was reported too late (which means a proper investigation is no longer possible).
Legal Tactics Used to Shift Blame Back to the Victim
Unfortunately, sometimes the property owner, insurance company, or responsible party will try to shift the blame of slip and fall liability back to the victim. If you are the victim in this situation, then it’s critical that you have professional help with your slip and fall lawsuit to prevent blame from being placed on your shoulders.
These are some of the shifting tactics that we watch out for (and help you stay protected from taking the blame):
- Challenging the severity of your injuries and arguing that medical treatment wasn’t necessary.
- Trying to disprove your credibility to make your story of the accident unreliable.
- Changing the version of events or circumstances, especially if there were no witnesses present when the accident occurred.
- Prove that all inspections and property maintenance laws and requirements were met, so there is no basis for liability.
- Show that hazard signs were in place when the accident occurred, such as wet floor warning signs.
Your Strategy for Countering Premises Liability Defense Tactics
If you don’t have legal experience, then you definitely need a knowledgeable attorney who can help with your case. There are many ways that we can gather evidence and prove liability. Our legal team has worked on many slip and fall liability cases, and over the years we’ve developed some best practices that will help you gain an advantage in the legal proceedings.
When the fall happens, we recommend that you take photos of the area immediately, focusing on any hazards that contributed to the accident. Make sure to talk to any witnesses who were there when it happened so that you can get statements and contact information from these people.
Next, the goal is to show that the property owner had enough time to fix the danger or at least warn about the potential danger. This strategy might involve documenting a lack of signage when the hazard was present.
Regardless of the circumstances of your case, you need to make sure that you are working with an experienced attorney who knows how to prove slip and fall negligence. A good legal strategy will help you win the case and maximize your potential compensation at the same time.
DIY Mistakes (and Why Legal Help is Essential)
One of the biggest mistakes you could make is trying to navigate this situation without enlisting the help of an experienced attorney for your slip and fall lawsuit. If you don’t access legal help, then it’s likely that you will be leaving money on the table due to a low settlement or no settlement at all.
Your lawyer is here to support you every step of the way, helping to collect evidence, question the defense, and strengthen your case at all times. In fact, the best thing that you can do is talk to an experienced attorney before you have a conversation or any form of communication with the property owner or insurance company.
FAQs
What are the most common ways property owners avoid slip and fall liability?
The property owner and insurance adjuster will look for every option possible to shift the blame to the victim. For example, some of the most common arguments are that the hazard was obvious and avoidable, the victim was being careless, or other methods to deny negligence.
How does comparative negligence affect a slip and fall claim?
As the victim, if you are found at fault (either partially or fully), then it could reduce your compensation. Being partially at fault will decrease your settlement amount by the percentage of the blame that you are carrying. So, you need an attorney who will prove that you were not at fault.
Talk to an Experienced Legal Team You Can Trust
When it comes to slip and fall liability, you need to find a trusted legal team to help with your case. At Green Law Firm, we’re here to help every step of the way. Contact us when you are ready to talk to an experienced attorney: (956) 542-7000.
