Property owners often use several common defenses against slip and fall claims to avoid liability.
Understanding these defenses and knowing how to counter them can help injured people build a stronger case to get fair compensation for their injuries.
Lack of notice defense
One of the most common defenses property owners use is claiming they were unaware of the hazardous condition. They may argue that they did not have enough time to discover or fix the problem.
Injured people can counter this by providing evidence that the hazard existed for a significant period, giving the property owner reasonable time to address it. Witness statements, surveillance footage, or maintenance records can help prove that the property owner should have known about the danger.
Comparative negligence
Another defense property owners use is comparative negligence, arguing that the injured person was partially or fully responsible for the accident. For example, they may claim that they were not paying attention or ignored warning signs.
Under Hawai’i’s comparative negligence laws, an injured person’s compensation may be reduced based on their share of fault. To counter this, one should demonstrate that the property owner failed to maintain safe conditions, regardless of the injured person’s actions. Providing clear evidence of negligence can help minimize the amount of any reduction.
Open and obvious hazard defense
Property owners may also argue that the hazardous condition was “open and obvious,” meaning that a reasonable person would have noticed and avoided it. This defense suggests that the injured person should have been more cautious.
This defense can be countered by showing that the hazardous condition was not as obvious as the property owner claims, or that the circumstances made it difficult to avoid the hazard, such as poor lighting or distractions.
Taking action against slip-and-fall defenses
Slip-and-fall claims can be challenging to win, especially when property owners use common defenses to avoid liability. By understanding these defenses, injured people can improve their chances of success and work toward getting the compensation they deserve.