Slip-and-fall cases — not to be confused with trip and falls — are a subset of premises liability claims, falling under the broader category of personal injury claims. In a slip-and-fall accident, an individual sustains injuries by slipping on a hazardous or unsafe surface. These accidents are considered premises liability cases because both public and private property owners have an obligation to maintain safe environments, free from hazards and potential dangers.
A slip and fall accident can occur in various settings, from slipping on a freshly cleaned floor in a grocery store or falling in an icy parking lot at a ski resort. Regardless of the scenario, these accidents are common and can often lead to a slip-and-fall lawsuit.
In response to such accusations, the liable typically employs common defenses in slip-and-fall cases to combat the allegations. If you find yourself injured on public or private property, seeking guidance from a slip and fall accident attorney or Los Angeles personal injury lawyer can help you navigate the legal process smoothly and secure the compensation you rightfully deserve for your injury.
Below are common defenses in slip and fall cases to be mindful of in Los Angeles, CA.
Inadequate Notice
Inadequate notice is a legal defense where the defendant claims that they were unaware of a hazardous surface or situation on their premises. This defense aims to shift the burden of responsibility away from the defendant by claiming that they lacked sufficient knowledge of the danger.
In other words, if a property owner claims inadequate notice, they believe they should not be held liable for any injuries resulting from a hazard because they were unaware it existed and therefore could not have implemented the proper safety measures.
To avoid this defense being used against you, contact a knowledgeable and experienced slip-and-fall attorney in Los Angeles who can help you handle the case with confidence.
Comparative Negligence
Similar to common wrongful death defenses, comparative negligence is a typical defense tactic against slip-and-fall accusations in California. Comparative negligence refers to dividing the responsibility and compensation when multiple parties are at fault for an accident or injury. In slip and fall cases, the defendant may argue that the plaintiff’s own negligence contributed to the accident.
For example, they might claim that you fell in the ski resort parking lot because you were under the influence and therefore partially responsible for your injuries. With comparative negligence, the defendant attempts to reduce their liability to avoid paying the full amount of compensation. A slip-and-fall accident lawyer knows how to secure the fair compensation you deserve.
Reasonable Care
Reasonable care is another common defense in slip-and-fall cases. It refers to the property owner’s responsibility to ensure its customers or visitors are safe and unharmed. Under reasonable care, the defendant is required to take reasonable precautions to uphold safe conditions and address any hazards that might arise.
When the defendant employs the reasonable care defense, they assert that they did indeed fulfill their duty by implementing regular maintenance procedures, providing warnings when necessary, and conducting routine inspections.
By demonstrating that they upheld this duty, the defendant hopes to minimize liability for any injuries sustained on their property. With the help from our expert Los Angeles slip-and-fall lawyers, however, we can fight on your behalf.
Open and Obvious Danger
The open and obvious danger defense is used to argue that the dangerous conditions were so apparent that any reasonable person should have noticed them and taken the necessary precautions to avoid harm.
For example, let’s say you slipped on a banana peel at the grocery store. The defendant might argue that the banana peel was clearly visible and that you could have avoided injury by simply walking around it. This defense in slip and fall cases suggests that the hazard was so unmistakably visible that no additional warning or preventative measures were necessary.
Schedule a Free Consultation With a Slip-and-Fall Lawyer (Los Angeles)
Navigating slip and fall settlements can take years. The defenses in slip and fall cases are aimed at the victim to combat the allegations and reduce liability. A lawyer in Los Angeles who specializes in slip-and-fall cases can help you determine the appropriate compensation for your claim.
John J. Perlstein, one of the best personal injury attorneys in Los Angeles, has over 25 years of experience securing fair and just outcomes in personal injury cases involving a slip and fall accident.
You can reach us at (213) 583-5786. Or, fill out the form on our website to schedule a free consultation with the best slip and fall attorneys in Los Angeles. This consultation will provide you with an opportunity to tell us the details of your case and let us determine how we can help you get the justice you deserve.