sign with man slipping

In most premises liability cases, the goal is to show that the property owner knew that there was a hazard on their land and that they did nothing to fix it before the plaintiff suffered injuries. Sometimes property owners and their lawyers throw a curveball though, admitting that there were dangers but that they were “open and obvious” hazards. This can be an effective defense, and it’s a good idea to hire Westchester County slip and fall accident attorneys who can effectively argue against it.

Is Someone Admitting to Fault When They Say There Were Open and Obvious Hazards?

It can seem like a property owner is just admitting to fault when they say that there are open and obvious hazards on their land. This is not really what they are doing though. Instead, they are trying to shift the blame to the victim by saying that any reasonable person would have seen the hazards on their property and avoided them. Can this strategy work? It sometimes does, but an experienced premises liability attorney from our firm can find ways to fight back.

What Can Be Considered Open and Obvious Hazards?

A property owner might consider a variety of dangers to be open and obvious hazards, even if there is no signage or fencing around them. They might say that you should have noticed and known to avoid things like:

  • Stairways with broken banisters
  • A floor that is clearly wet
  • A ladder on a sales floor
  • A crumbling sidewalk

Since these hazards should have been easy to spot, you should have just avoided them instead of falling and getting hurt.

Do I Need a Lawyer to Fight the Open and Obvious Hazards Argument?

We do recommend having a lawyer who can help you fight the open and obvious hazards argument. This defense can throw many plaintiffs for a loop since they do not expect a property owner to admit to even having a hazard on their land, nor do they expect to be blamed for their own injury.

An experienced attorney can pick apart this argument and show why you deserve compensation. They can also prepare you for depositions or testimony, so you will be prepared to defend yourself if necessary.

What Can My Compensation From a Slip and Fall Case Cover?

Your compensation should cover all of the expenses stemming from your accident and it should also make up for any pain and suffering you experienced. A fair and reasonable offer would address:

  • Medical bills
  • Lost wages
  • Loss of enjoyment, if you can no longer take part in an activity you once loved due to your injuries
  • Mental anguish and psychological trauma

Schedule a Consultation Today

If you are pursuing damages in a slip and fall accident case, you do not have to do it on your own. Contact Hausman & Pendzick and schedule a consultation. We can tell you more about your legal options and the potential value of your case.