What Arguments Might be Used Against You in a Slip-and-Fall Lawsuit?
Posted Friday, September 21, 2018 by Chris Thayer
If you have ever walked into a restaurant or retail store and seen a bright yellow “Caution” sign alerting you that the floor is wet, then you probably understand the liabilities that business owners face when customers slip and fall. Unfortunately, not all property owners or managers do enough to protect visitors from unknown substances that can cause them to slip and fall. But even if you have a viable personal injury claim, the defendant will do everything possible to avoid responsibility.
*Common Defenses Used Against Slip-and-Fall Plaintiffs*Here are a few common defenses used to defeat a slip-and-fall claim:
- The slippery condition was obvious. For example, it should be an obvious hazard if someone spilled a bright red smoothie on a white floor. If the substance is clear or matches the floor color, then it is not nearly as obvious.
- The dangerous area was blocked off by cones and signs.
- The plaintiff did not watch where he or she was going.
- The plaintiff was wearing extremely high heels or other hazardous footwear.
These are not the only defenses that may be used against you. An experienced attorney can craft an effective litigation strategy on your behalf and prepare for any defenses that might come up.
*Filing a Personal Injury Lawsuit in Washington*The deadline for filing a slip-and-fall injury claim in Washington is three years from the date of the accident. You may lose your right to compensation if you do not file the claim during this three-year period.
Washington is also a comparative fault state. Any damages awarded to you will be reduced by your own percentage of fault. So, if you were not watching where you were going before you slipped and fell, then you might receive less in damages. (However, Washington does not place a cap on the amount of damages you can receive.)
Common Slip-and-Fall Hazards
Business owners are responsible for maintaining their premises in a safe condition for customers. Even if they are liable when customers slip and fall because of an unsafe condition, it is always better to avoid injuries when possible. Watch out for these hidden (and unhidden) dangers:
- A freshly mopped floor
- An elevation change (like if there is a step down from the landing to the main floor)
- Spilled food and beverages
- Overflowing sinks and/or toilets in the bathroom (or just regular water spills),uneven surfaces in outdoor seating areas, like gravel or mulch, and
- Hazardous weather conditions like snow, ice, or rain that can make outdoor areas slick (water can also be tracked inside, especially when umbrellas are involved).
A crowded store can magnify these and other hazards worse, potentially making it harder for consumers to avoid or see a slippery or uneven surface.
Contact Us Today
Contact one of our experienced personal injury attorneys for a free consultation if you were injured in a slip-and-fall accident. We will examine the facts of your case and help recover the compensation that you deserve, including medical expenses, lost wages, and pain and suffering.
(image courtesy of Oliwier Gesla)