An injured party can often be held accountable for some of the blame for their injuries, which is the number 1 defense tactic insurance companies use to get out of paying settlements in these types of cases.
The second most popular defense insurance companies use in slip and fall or trip and fall cases is something called ‘the open and obvious doctrine’. This is where land or business owners say some conditions on their property are so obviously dangerous that the injured party should have known there was a risk of injury. For example, when people trip over a curb. People should know it is there. It isn’t the land owners fault if someone tripped or wasn’t paying attention when they were walking. That seems fair enough, but there are some instances where there are obstructions to the curb or the curb is damaged and these things cause tripping hazards. When things like that happen we have had very good luck in arguing ‘the open and obvious doctrine’ and were able to get our clients substantial settlements.
Since every case is different we can’t guarantee we’ll be as successful in settling your case, but we will definitely do everything we can. If you have any questions regarding a slip and fall or trip and fall injury, please reach out to us. You can call us at 407-254-4901 or text us at 407-644-4444. We are always happy to offer a no obligation, free consultation to discuss your case with you.