If you are involved in a premises liability claim for injuries you sustained in a slip and fall accident, you should be aware of some typical defenses to slip and fall cases the responsible party might use. It is important to understand that even though you may be certain the other party’s negligence caused your injury and related costs and losses, it is necessary to prepare yourself to counter these defenses.
If working with a personal injury attorney who specializes in premises liability cases, you can review the potential defenses to slip and fall cases in Denver and scenarios to prepare yourself.
Common Defenses to Slip and Fall Cases in Denver
In order to prove legal responsibility in a slip and fall premises liability case, you must demonstrate the occurrence of at least one of the following key factors.
- The owner or other responsible party on the premises (such as an employee) caused the dangerous situation that resulted in your injury.
- The owner or other responsible party was aware of the unsafe conditions and did nothing about it (such as a cracked floor tile or uneven pavement surface).
- The owner or other responsible party should have been aware of the danger because any other “reasonable party” would have been aware and would have remedied it.
It stands to reason, then, that some of the defenses that commonly occur are claims in direct contrast to each of the above scenarios.
- The owner or other responsible party did not cause the dangerous situation. In this case, you will need proof that the liable party did indeed cause the situation. Video cameras and eye witnesses are helpful for this defense.
- The owner or other responsible party was not aware of the situation. Again, you will need to counter this with proof that they did have knowledge of the hazard.
- Another reasonable party would not have been aware of the hazard. For this defense, your attorney can help you gather evidence that supports what a reasonable party would have done. For example, does the property owner conduct routine inspections of the property? Does he or she keep it clean and free of obstacles and debris? Was your injury caused by an obstacle that should not have been where it was for any logical reason?
Other Slip and Fall Defenses in Denver
Another common defense to slip and fall claims would be that your activity was careless or reckless, and that was why you sustained an injury. The property owner may suggest you were injured while in an area of the property where you had no reason to be. He or she might note that a reasonable person would have noticed the hazard and avoided it.
You may need to be prepared to answer questions regarding what you were doing when you were injured. You might be asked if you were distracted, talking or texting on your cell phone, or were otherwise engaged and not looking where you were going. You might be required to explain why you were in the place you were at the time of the injury, and you might have to answer questions about your sobriety at the time of the slip and fall.
Get Help from an Attorney to Handle Defenses to Slip and Fall Cases
If you feel overwhelmed by all the possibilities and details of a premises liability case, contact a lawyer who understands the nuances of this type of case. D.J. Banovitz helps you understand premises liability law and prepares you for potential defenses to slip and fall cases in Denver. Call us today for a free consultation to speak with a lawyer and review your case. Call to schedule an appointment at 303-300-5060 or contact us online.