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Injured Due to a Slip and Fall Incident? Strategies Property Owners May Use Against You

Getting injured at a business establishment such as a retail store or an office complex can not only be embarrassing, but it can also be painful and life-changing. Slip and fall accidents will affect different individuals differently, but the fact remains that these incidents involve significant injury and the feeling of being helpless as well as one’s safety being violated. According to the law, we ought to be afforded a certain amount of care once we enter business or residential premises for the purposes of conducting business or due to a social call. In addition, even those who trespass on another individual’s property are afforded a level of care which is albeit a lesser level, but still, a standard of care meant to keep them safe from all known and anticipated hazards. In addition, property owners are required to inform you of said hazards by putting up ample signage as well as providing you with resources to prevent injury such as ample lighting, the presence of working stair rails, door stoppers, and security, all done to make sure that you have a pleasant experience while at their premises. This is a legal concept known as premises liability law, and it provides injured individuals with the option of filing a slip and fall lawsuit and recovering compensation if they are able to demonstrate that the property owner acted in a negligent manner and that their negligence was the direct cause of their injuries. However, the process isn’t as easy as it may sound, and oftentimes, property owners will put up a veritable defense in order to shoot down such claims, and this is perhaps the most important reason why you need legal representation, and we’re here to help with that.

Are you looking for the best slip and fall injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced slip and fall lawyers at McCready Law bring to the table over 50 YEARS of combined legal expertise where we’ve helped thousands of injured Americans from all walks of life seek compensation from negligent property owners and even corporate entities. The McCready Law difference lies in the fact that we are not afraid to litigate cases should we believe that the case deserves that, particularly in light of the client’s injuries, the prognosis and also failed negotiations with the insurance company. Over 90 percent of law firms will instead choose to engage the insurance company in talks which often end in the client being given a paltry payout which in contrast with courtroom litigation, results in a significant payout that can be double, triple and even dozens more than what the insurance company was initially offering to settle the case. In addition to having nationwide reach, we also run a bilingual firm (hablamos Espanol), and we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you’d like more information on the true value of your slip and fall claim, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation; the call is 100% FREE, and our intake team is standing by.

Common Defenses Used by Property Owners in Slip and Fall Cases

Every property owner worth their mettle won’t just sit down and accept blame for your slip and fall injuries. They will most likely put up a valiant defense so they can get out of paying the damages. Here are some of the defense strategies they may use:

The Open and Obvious Defense

Property owners may use the “open and obvious” doctrine which states that if a hazard is clearly visible and the injured party could have avoided it, then the property custodian may not be held responsible nor legally liable. For example, if you slipped and fell on an area of the floor where there was signage pointing to the presence of a wet floor, they may state that you should have been more cautious. This kind of defense can be countered by taking photos and video of the injurious condition showing the lack of clear or visible signage, collect witness statements that can corroborate how unsafe the area was, and work with us so we can call upon a safety expert to show that the hazard was neither clear nor obvious.

Lack of Notice Defense

Property owners may also state that they were patently unaware of the hazardous condition which contributed to your slip and fall incident, and that the hazard was either too minor or new for them to have taken steps to reasonably mitigate it. This defense may skew the case in their favor particularly if they have regular maintenance and inspection records. However, all is not lost, as through our best slip and fall lawyers, we can argue that regardless of the presence of maintenance logs, the maintenance that was done was substandard or shoddy, which could have contributed to the hazardous condition. We can also demonstrate that other individuals have had the same thing happen to them, helping establish a negligence pattern, and we can work with safety experts to show that regardless of the newness or size of the hazardous conditions, they should have known or been made aware of the same.

Best Countrywide Slip and Fall Attorneys – Call Us Today!

Other legal defense strategies the property owner may use to shoot down your claim includes assumption of risk where they could state that you voluntarily engaged in an activity which was inherently risky such as in amusement parks or gyms, or that you failed to report your injuries in a timely manner or even that you had preexisting conditions which were not caused by your slip and fall incident. All these strategies can be countered by experienced counsel, so it is important not to try to go it alone in an attempt to save on legal fees. If you were injured on a property due to a slip and fall incident and believe that you may not have suffered your injuries were it not for these hazards, please give us a call NOW at (314) 481-63338 so we can take a closer look at your potential claim and advise further. A successful claim may entitle you to damages such as the cost of present and future medical care, lost wages, the cost of rehabilitation, pain and suffering, loss of consortium, and so much more. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing McCready Law, and we look forward to helping you.