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Common Defenses Used by Property Owners
Slip and fall accidents can happen anywhere—at the grocery store, in an apartment building, or even on the sidewalk outside a business. If you’re hurt in a slip and fall, you might think your case is clear-cut. But property owners and their insurance companies often fight hard to avoid paying for your injuries. They use a range of legal defenses to try and limit or deny responsibility. Understanding these common defenses can give you a better idea of what to expect and why having a Philadelphia slip and fall lawyer on your side matters so much.
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The “Open and Obvious” Defense
One of the most common arguments property owners use is the “open and obvious” defense. This means they claim the hazard that caused your fall was so easy to see and avoid, you should have noticed it. For example, if you slipped on a large puddle in the middle of a well-lit grocery store aisle, the store might argue any reasonable person should have seen the water and walked around it.
This defense can be tricky. Sometimes, even obvious dangers are hard to avoid if you’re distracted or if the hazard blends in. For instance, clear liquids on a shiny tile floor or an uneven sidewalk at night might not be as noticeable as property owners suggest. Pennsylvania courts look at the facts in each case. They consider lighting, warnings, and if the danger could have been seen by someone paying reasonable attention.
A slip and fall lawyer knows how to challenge this defense. They can show that, even if a hazard was visible, the property owner still had a duty to fix it or warn you about it.
Claiming the Victim Was Partly at Fault
Property owners often argue that the person who fell is partly or totally to blame for their injuries. Maybe you were texting while walking, wearing high heels on a slick surface, or ignoring warning signs. Under Pennsylvania’s comparative negligence law, your recovery can be reduced if you are found to be partly at fault. If you’re more at fault than the property owner, you may get nothing.
For example, let’s say you slipped on ice outside a store. The property owner might claim you weren’t watching where you were going or you ignored a visible icy patch. If a judge or jury agrees you were 40% at fault and the property owner was 60% at fault, your compensation will be reduced by 40%.
An experienced slip and fall attorney can push back against claims of shared fault. They gather evidence, like surveillance footage or witness statements, to show you acted reasonably given the circumstances.
The “No Notice” Defense
Another favorite defense is the argument that the property owner didn’t know about the dangerous condition. To win your case, you usually have to show the owner either created the hazard, knew about it, or should have known about it in time to fix it. Property owners may claim the hazard happened so suddenly, they couldn’t have taken action.
Imagine you slip on a banana peel in a supermarket. The store might say another customer dropped it just moments before you walked by, so employees had no chance to clean it up. If the hazard was there for a while, though, the store may be held responsible for failing to inspect and clean the area.
A slip and fall attorney in Philadelphia knows how to uncover records of cleaning schedules, employee logs, or past complaints to prove the owner should have known about the risk.
Lack of “Serious Injury” Under Limited Tort Insurance
Pennsylvania’s limited tort insurance option can also be used against slip and fall victims. If you have limited tort coverage, you might only be able to recover for out-of-pocket costs like medical bills—not pain and suffering—unless your injury qualifies as “serious.” Property owners and insurers will look for ways to argue your injuries don’t meet this threshold.
For example, if you suffer a sprained wrist and some bruises, the other side may say these aren’t “serious” injuries. But if you have a broken bone, permanent scarring, or loss of function, you may meet the serious injury standard and be entitled to more compensation.
A slip and fall injury lawyer can help document your injuries and work with your doctors to show the full impact of your fall.
The “No Duty Owed” Argument
In some cases, property owners claim they didn’t owe you any duty of care at all. This defense often comes up if you were trespassing or if the property was closed to the public. For instance, if you slipped on a wet floor after sneaking into a closed store, the owner might argue you weren’t supposed to be there in the first place.
But even then, property owners can’t set traps or act recklessly. The law in Philadelphia considers your legal status—invitee, licensee, or trespasser—when deciding what duty the owner owed you. A slip and fall injury attorney can explain your rights and help prove the owner still owed you a basic level of care.
Frequently Asked Questions About Common Defenses Used by Property Owners in Slip and Fall Cases
What if I didn’t see the hazard before I fell? Can I still win my case?
Yes. Just because you didn’t see the hazard doesn’t mean you can’t recover damages. Property owners often argue dangers were “open and obvious,” but many hazards aren’t as easy to spot as they claim. Your Philadelphia slip and fall lawyer will gather evidence to show the danger wasn’t clear or that you acted reasonably under the circumstances.
How does comparative negligence affect my slip and fall claim in Philadelphia?
Pennsylvania follows a comparative negligence rule. If you’re partly at fault for your fall, your compensation will be reduced by your percentage of fault. If you’re more than 50% to blame, you can’t recover anything. A slip and fall lawyer can help show the property owner was mostly responsible.
Can a property owner avoid liability by saying they didn’t know about the hazard?
Property owners aren’t always off the hook just because they say they didn’t know about a danger. If they should have known about it and had time to fix it, they can still be held responsible. Your slip and fall attorney will look for evidence that the hazard existed long enough for the owner to take action.
Do limited tort insurance rules affect all slip and fall cases in Philadelphia?
Limited tort rules mainly apply to car accident cases, but property owners and insurers sometimes use similar arguments about injury severity. If you have questions about your rights and insurance, a Philadelphia personal injury lawyer can explain how these rules might impact your slip and fall claim.
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