Slip and fall accidents are common around the world. In California, if you met with a slip and fall accident, and if it happened due to the carelessness of another person, you can file a case against the person for compensation. However, you must be careful while filing the case because if the property owner proves that it was not his or her fault, you will have to bear the legal expenses and you will not get any compensation. The following are some of the common arguments raised by the accused to avoid their liability during a slip and fall case.
Comparative Negligence
It is the most commonly used argument during every type of accident case. It involves arguments that the accident happened due to the carelessness of the plaintiff. This argument will survive in a courtroom if the accused is able to prove that his or her premise was not in a good condition and they had taken proper measures to inform the public regarding the same. If the accused is able to prove that the accident took place due to complete negligence of the victim, he or she will be fully relieved from the liability to pay the compensation.
Inadequate Notice
It is an argument raised by the defendant claiming that he or she was unaware of the damages in their property. It is an effective argument that can save the accused from his or her liability. During this situation, the plaintiff will have to submit proper evidence to prove that the hazards in such property have been existing for a long time, or for sufficient time for the accused to notice the same. If the plaintiff is not able to prove this during the suit, he or she will not be able to obtain their rightful compensation.
Procedural Defenses
It is the method of defending a slip and fall accident case by exploiting the mistakes of the victim. In these types of cases, finding the accused is a hard task. For example, sometimes a property will be owned by a person but some others will be responsible for maintaining the same. In this situation, the plaintiff can withdraw their case and resubmit it denoting the proper defendant. However, the plaintiff must be aware of the time limit for filing the case and must act within the time.
The above mentioned are some of the defenses used by the accused during a slip and fall verdict. If you are a victim of such an accident and if you are planning to file a case about the same, you must make sure to properly study the situation and collect all the necessary evidence.