What affirmative defenses can you use in a slip and fall case?

Answer 1

The following is a list of the most common defenses in slip-and-fall cases. An attorney reviewing your case can inform you of any other affirmative defenses specific to your state and/or your specific situation. Likewise, not all of the below defenses may apply to your case and/or be accepted by your state's law.

Comparative negligence is perhaps the most common defense in slip-and-fall cases. This defense asserts that the plaintiff (person suing you) was negligent, and his or her negligence wholly or partially contributed to the slip-and-fall in question. In some states, if the plaintiff's negligence is greater than the defendant's negligence, the plaintiff will recover nothing.

Example: At a butcher shop, meat blood dripped from a package of meat as the butcher put it in the cooler. A man runs in and does not pay attention to where he is walking. He slips and falls in the blood. If the man sues, the butcher shop will not be found 100% liable because the man was careless by running in.

Last clear chance is a doctrine which provides that the fault of an accident rests with the party who had the last chance to avoid the accident. In most states, it has been absorbed into comparative negligence.

Example: A teenager shopping in a store collides her shopping cart with a cart operated by a store employee. The store employee was on duty restocking the store shelves. The teenager fell and suffered injury as a result of the collision. The store will not be held liable if it can prove that the teenager had the last chance to avoid the accident.

Volenti non fit injuria (secondary assumption of risk)provides that the plaintiff cannot recover damages if the plaintiff knowingly put him or herself in a dangerous situation.

Example: If a lady saw that the floor of a store was wet, but walked on it anyways and fell, she would not have a legitimate legal claim against the store for her injuries.

If you are facing a slip and fall lawsuit, you should contact a tort law attorney immediately! The civil court system can be a nightmare for you if you are not very well versed in your county's civil court procedure. You might consider hiring a tort law attorney with significant experience in slip-and-fall cases. That way, your attorney will be familiar with all of the defenses applicable to your claim.