One of the most common defenses to be raised against a plaintiff in a slip and fall accident case is for the negligent party to deny the existence of any hazardous condition on the premises or to deny having timely knowledge of its existence.
For example, the defense may argue that the liquid on the floor was not clear, making it apparent to the injured person not to step there. This tactic tries to imply that you were careless or negligent in failing to observe the dangerous condition. At the same time, if there was a clear liquid on the floor, then they may claim that they did not know about it in time to take any action to clean it up.
Another common defense is to assert that the fall did not cause you any new injuries nor aggravate any pre-existing conditions or diseases. Sometimes the defense will also argue that any injury that did result from the fall was only temporary in nature.
In more severe dangerous conditions, a negligent party’s defense can get rather technical and rely upon expert testimony. An expert on building or safety codes may be brought into the case to say that the premises met or exceeded all requirements for the safety of visitors.
Attaining your rights and winning your slip and fall case can be a difficult and trying experience. With the Rue & Ziffra, P.A. legal team on your side, you can spend your time recovering from your accident, and we will in turn spend our time devoting ourselves to your case.