In many slip-and-fall cases, a property owner does not want to admit that they have dangerous items on their property. So it may throw you off a bit if you sue a property owner and they say that their property is dangerous and it should have been apparent to you in the first place. This is the “open and obvious” hazards defense, and it can be tricky to combat. This is why you should have our Queens slip & fall accident attorneys on your side when you pursue damages.
Isn’t it Risky to Admit to Having Open and Obvious Hazards on Your Land?
In one way, it is kind of a risk for a property owner to say that there are open and obvious hazards on their land. After all, the plaintiff is trying to show that they had a dangerous condition on their land and did not fix it. How does this defense help them?
By saying that there were open and obvious hazards, the property owner is transferring blame back to the victim. Yes, there were dangers, but any reasonable person would have been able to avoid them because they were so apparent. The property owner should not be punished because the plaintiff lacks common sense.
What Could Be Considered Open and Obvious Hazards?
There are a few different dangers that could be considered open and obvious hazards. The following could all qualify:
- Stairways with broken or missing handrails
- Crumbling sidewalks
- A visibly wet floor
- Uneven concrete with an unobstructed view
The property owner admits that there were dangers on their land, but you should have noticed these.
Do I Need a Lawyer to Fight the Open and Obvious Hazards Argument?
We recommend having a lawyer if this is the kind of excuse that the defendant wants to use. This may not be enough for them to win, but it could cast doubt on how much blame they have for the accident. This can affect your final compensation, so you want an experienced attorney who can shut this defensive strategy down.
What Can My Compensation From a Slip and Fall Case Cover?
Your compensation should cover all of the expenses from your accident and make up for some of the pain and suffering you have experienced as a result. Your settlement should help address:
- Medical bills
- Any lost wages
- Loss of enjoyment, if you can no longer take part in activities you loved
- Loss of earning potential, if your injuries affect your ability to work
- Mental anguish
- Pain from disability or disfigurement
How Long Do I Have to Sue if I Was Injured on Someone Else’s Property?
If you do decide to pursue a personal injury case, you must act within three years. That seems like a long time, but we recommend starting the legal process as soon as possible. The sooner you start, the sooner you can receive your compensation.
Talk to a Personal Injury Lawyer Today
So if you have been injured on someone else’s property and you believe that you are owed compensation, contact the Law Offices of George Poulos. We can offer you a consultation and tell you more about your legal options