While that may sound straightforward, there are some unique differences between premises liability claims and other types of personal injury cases, like car accidents. Property owners have some highly effective defensive options against certain types of slip and fall claims. Our skilled Orlando slip and fall attorneys will work hard to strengthen your claim and reduce the chance of the property owner avoiding responsibility.

Defenses in Slip and Fall Cases

Although property owners do have a duty of care, they may be able to escape liability if they prove that they were not aware of the hazard and could not have been aware of it prior to your injury. This is especially effective for hazards that were temporary, unanticipated and hard to notice. Essentially, the property owner needs to have known about the danger – or at least should have known about it – and also have had time to fix it.

Defendants and insurance companies can also use the injured person’s own behavior against them, especially in the case of “open and obvious hazards.” For example, if a person trips over boxes in the aisle of a retail store because they were looking at their phone rather than where they were walking, the property owner may try to argue the obstruction wasn’t hidden and other people who were paying attention managed to avoid it.

Countering these defenses often takes investigation and evidence, which your personal injury attorney can help you develop.