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ChatDid you know that if you slip and fall because of a business’s negligence, you will most likely face insurance companies’ tricks (slip and fall legal defenses) to avoid paying you?
At Bottaro Injury Lawyers, we have combined decades of experience fighting for Rhode Island and Massachusetts victims’ rights in various personal injury cases, including slip and fall cases. It may seem like a no-brainer that any business that fails to clean up a spill, keep and lobby free of snow, or fix an old set of public steps should pay for its mistake.
Our Team of Slip and Fall Attorneys are familiar with all the slip and fall arguments and defenses. Call us to discuss your case’s worth!
However, more often than not, it is not so simple. In fact, personal injury defense lawyers here in Rhode Island and Massachusetts often raise legal defenses – whether it be in preparation for court or in settlement conferences –to prevent you from recovering! So, in light of the coming snowy, wet, and icy weather, today’s blog will discuss common slip and fall legal defenses businesses tend to raise.
How Does a Lawyer Prove My Slip and Fall Personal Injury Case?
Rule Number 1: Hire an experienced personal injury law firm right away. The call and case review is fast and easy. The simple truth is that the insurance companies that cover homeowners’ and businesses’ negligence in slip and fall cases do not play fair.
You simply are highly unlikely to ever receive a fair settlement without the best slip and fall lawyers on your side. For example, the burden of proof in these cases is high and difficult to understand. In short, businesses owe you a duty of reasonable care when you enter onto its property. If this duty is broken and you experience an injury as a result, you may get past a summary judgment motion.
The personal injury defense lawyers will try to beat you by arguing that you did not prove the elements of your slip and fall case. Our team of slip and fall attorneys will combat this through building the evidence needed to win!
Slip and fall injuries are very common in the winter months. We urge you to remain aware of your surroundings, dress warm, and stay safe this holiday season!
Lawyer Up – Get the Power Of Bottaro Injury Lawyers On Your Side! Common Defenses To Your Slip and Fall Case.
No business or homeowner insurance company will willingly pay you a legal settlement after a slip and fall. Therefore, you need to get a powerful law firm on your side. Below are some common defenses and tricks (as I call them) that insurance companies may employ to try to destroy your case or limit your personal injury settlement
1. Comparative Negligence in a RI and MA Slip and Fall Case: This common defense can kill your case. In essence, the insurer argues that even if their insured had a dangerous condition, you should have avoided it. Or, that you were otherwise somehow partially responsible for your personal injuries. This can be shown by intoxication, distraction, or even improper clothing. Even if this is the case, it may not completely prevent you from recovering. However, it is imperative you work with our top-rated personal injury attorneys to address the nuances of your particular case.
2. Not Enough Time to Address the Issue. Insurers may argue that they did not have enough time to reasonably remedy the area. For example, under the “Connecticut Rule” landowners are immune from suit if a slip and fall on snow/ice occurred during a snow storm or within a short tie thereafter.
3. Warning Signs Posted. In some cases, businesses will argue that its posted warning about the premises is enough to avoid liability.
4. Statute of Limitations. Businesses sometimes argue that the statute of limitations (the amount of time you have to file a lawsuit) has passed. This is why it is critical to document everything and speak to a personal injury attorney about your case immediately.
Business owners will attempt to avoid liability all together with posted signage and other arguments listed in this blog. However, each case depends on the facts and in both RI and MA, you can still recover even if you are partially at fault. Call us to discuss!
It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help
Businesses and their insurance companies will deploy some or all of these slip and fall legal defenses as an effort to avoid owning up to and paying for your medical expenses and pain and suffering. While this may seem intimidating, we at Bottaro Injury Lawyers have been combating these arguments for years. Call us anytime, 24/7, to discuss the complexities of your slip and fall case and how we can help you!
At Bottaro Injury Lawyers, we care for people. Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases, including slip and fall cases, throughout Rhode Island and Massachusetts. We can even help on cases in other states as well. We pride ourselves on our honesty, integrity, and results. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Text or call us at 401-777-7777, or fill out our free and confidential online form. We are here to serve and help you!
