If you have instigated a slip and fall injury case, expect the defendant to put up a spirited fight to convince the court that you are also to blame for your accident. This may not be the case depending on the circumstances of your injury. Here are some circumstances and claims the defendant may try to prove:
You Should Have Noticed the Dangerous Condition
According to this argument, there are obvious dangers that every reasonable person should spot. Anyone who ends up getting injured in such dangers should not expect compensation from the owner's premises. For example, if there is a gaping hole that is several feet wide and it is sitting right in the middle of the floor of a parking mall, and the area is well lit, you should notice the danger and give the area a wide berth. You will be deemed to have contributed to your injuries if you fall into such a hole.
You Ignored the Safety Barrier
Premises owners who know or create a dangerous condition on their property often use safety barriers to keep people safe. For example, if a section of the floor is undergoing repair, there may be a safety barrier around the floor to keep people from the area. If you go over or under the barrier and get injured, then you are also to blame for your injuries.
You Were Distracted
Distraction is a common cause of accidents, especially in this day and age when almost everyone tends to be glued on a gadget while walking. Unfortunately, these distractions can easily lead to a slip and fall accident. For example, you can easily slip and fall on a damaged section of the floor if you are glued to your smartphone while walking.
You Wore the Wrong Shoes for the Floor
There are types of shoes that increase your risk of slipping and falling, especially if the ground you are walking on is dangerous or you are carrying heavy items. Examples of dangerous grounds include areas with torn carpeting, unevenly paved areas, and wet sections of the floor, and such like things. For example, if your shoes have slippery soles, you are carrying several pounds worth of grocery, and you are walking on a slippery floor, it's easy to argue that you contributed to the accident if you slip and fall.
These claims can seriously reduce your potential award if you aren't careful. Consult an injury lawyer to see to it that you get exactly what you deserve, and nothing less.