Slip and fall accidents can lead to serious injuries, medical expenses, and lost wages. Many victims file injury claims to seek compensation from property owners who failed to maintain a safe environment. However, these claims are not always easy to win because defendants often use legal defenses to reduce or deny liability.
Fresno, California, is a bustling city with shopping centers, office buildings, and public spaces where slip-and-fall accidents frequently occur. Due to its mix of dry and rainy seasons, property owners must take extra precautions to prevent hazards like wet floors and uneven sidewalks.Â
If you were injured in a fall, a Fresno slip and fall lawyer can help you fight for your rights and navigate the legal challenges involved in your claim.
Understanding Slip and Fall Accident Claims
Slip and fall accidents are among the leading causes of injury-related emergency room visits. According to the National Floor Safety Institute (NFSI), falls account for over 8 million hospital visits each year, making them the most common reason for ER visits. These accidents can happen in grocery stores, restaurants, workplaces, or public sidewalks due to hazards like spilled liquids, broken flooring, or poor lighting.
Common Defenses Used in Slip and Fall Accident Cases
To file a successful slip and fall claim, the injured person must prove that the property owner was negligent. However, property owners often use different defenses to avoid paying compensation.
No Prior Knowledge of the Hazard
One of the most common defenses is that the property owner did not know about the hazard. In such cases, the victim must prove that the hazard existed long enough for the owner to notice and take action.
Comparative Negligence
Defendants often argue that the injured person was partly responsible for the accident. This is called comparative negligence. In California, the pure comparative negligence rule applies, meaning that if a court finds the plaintiff 30% responsible, their compensation is reduced by 30%.
Open and Obvious Danger
Property owners may also claim that the dangerous condition was so obvious that a reasonable person would have noticed and avoided it. Courts sometimes rule in favor of property owners if they believe the hazard was easy to see.
Statute of Limitations
Another common defense is that the victim waited too long to file their claim. In California, slip and fall injury victims must file a lawsuit within two years from the date of the accident. If the injured person misses this deadline, their case can be dismissed, regardless of how strong the evidence is.
Assumption of Risk
If a person knowingly puts themselves in a risky situation, the defendant might use the assumption of risk defense. This defense is often used in cases involving recreational activities, such as skiing or construction sites where hazards are expected.
Reasonable Care
Property owners are required to take reasonable care to prevent accidents, but they are not expected to eliminate every possible risk. If a business can show that it followed proper safety procedures—such as conducting routine inspections and fixing hazards—they may not be held liable.
Final Thoughts
Slip and fall cases can be challenging because property owners often use legal defenses to avoid responsibility. If you or a loved one has been injured in a slip-and-fall accident in Fresno, it is essential to understand these defenses and gather strong evidence to counter them. A Fresno slip-and-fall lawyer can help you build a strong case and improve your chances of receiving fair compensation.
