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Property owners often employ several common defenses to avoid liability in slip and fall cases. However, a slip and fall lawyer with Williams Caputo Injury Lawyers not only understands these defenses, but we also know how to defeat them. The following is a look at some common defenses and how our skilled attorneys can counter them to increase your chances of success.
More than 8 million people in the US must visit an emergency room after falling yearly. Many of these accidents occur due to negligence on the part of a property owner. One common defense they use is the “lack of notice” argument.
Property owners claim they were unaware of the dangerous condition that caused the slip and fall. They argue they’re not liable for hazards they didn’t know about and couldn’t have reasonably discovered.
A Williams Caputo Injury Lawyers slip and fall lawyer can counter this argument by demonstrating that the property owner should have known about the hazard through regular inspections and maintenance. They can prove it by gathering maintenance logs, surveillance footage, and witness testimonies. If the hazard was present for a significant amount of time, it suggests that the owner was negligent in maintaining the property.
“We get to represent people who oftentimes don’t have the ability to advocate for themselves against the ‘big bad wolf,’ and there isn’t a day that starts where I’m not looking forward to helping those people fight back.”
Joe Caputo
Founding Attorney
Property owners often argue that the hazard was “open and obvious,” meaning that any reasonable person would have noticed and avoided it. This defense suggests that the victim should have been aware of the danger and taken steps to avoid it.
A slip and fall lawyer can counter this by showing that the hazard wasn’t as apparent as the defendant claims. For example, poor lighting, obstructions, or distractions could have made the hazard difficult to see. Your attorney might also argue that even if the hazard was obvious, the property owner still had a duty to address it and warn visitors.
Another defense is the “assumption of risk” argument, where the property owner claims that the victim knew about the hazard and voluntarily chose to encounter it. Owners often use this defense in cases where the victim did something that inherently involves risks, such as walking through a construction zone.
To refute this, an attorney will argue that the victim didn’t voluntarily assume the risk or didn’t receive adequate warning of the danger. Evidence that the property owner failed to provide sufficient warnings or barriers to prevent access to hazardous areas can be crucial.
We stand by you every step of the way, turning challenges into victories. With us, you’re not just a case number; you’re a valued partner.
Property owners may claim that the hazardous condition was temporary and had only just appeared, giving them no reasonable opportunity to address it. For example, a spill might have occurred just moments before the slip and fall.
An attorney can defeat this argument by investigating the property’s maintenance and inspection records. If the slip and fall lawyer can show the property owner lacked adequate procedures to identify and address such hazards promptly, it strengthens the victim’s case. Witnesses who saw the condition before the accident can also provide valuable testimony.
Defending against these common property owner arguments requires thorough investigation, meticulous evidence gathering, and strategic legal reasoning. An experienced slip and fall lawyer with Williams Caputo Injury Lawyers knows how to investigate accidents and defeat these and other arguments. Use our online form or call (512) 351-7000 to schedule a free case review and find out how we’ll work to help you get the money you deserve.
Joe’s career is distinguished by his exceptional leadership skills, success in managing teams, and the substantial results he has achieved for his clients. He led a Colorado office of over ten personal injury attorneys and played a pivotal role in the growth of a prominent personal injury firm, which expanded from two to over thirty attorneys under his tenure. His legal acumen has secured multiple seven-figure settlements in five different jurisdictions, highlighting his ability to deliver justice and significant compensation for his clients.
Years of experience: 16+ years
Client Reviews
These guys are consummate professionals. As a transactional attorney who frequently receives requests from clients and prospects for injury lawyers, I always trust Joe Caputo—he is my go-to referral and consistently delivers for his clients. And as effective as they are as counsel, Caputo and Williams are even better people. Compassionate and trustworthy… You want these two advocating on your behalf when it counts.
If you are looking for the best personal injury attorneys, Joe and Burgess are it. Their knowledge and experience with different types of cases mean they can help you and get you the best results from your case. I worked with them and saw day in and day out all they did to help their clients. While they are smart and know what they are doing, they are kind and good people who truly care. You are getting the best of the best when you hire Joe and Burgess.
Joe and Burgess are amazing attorneys. Their expertise, dedication to their clients, and commitment to excellence is second to none. They sincerely care about their clients and always put their clients wellbeing first and they are just overall great people to work with. You can’t go wrong with these skilled litigators in your corner.
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