When you get hurt on someone else’s property, you want to show that the property owner knew about the potential danger. What if that property owner says that there was a danger, and that you should have noticed the “open and obvious” hazards on their property? This kind of defense can throw plaintiffs for a loop, but do not despair. An experienced San Antonio, Texas slip & fall lawyer from our firm can help you address this.
Is Someone Admitting to Fault When They Say There Were Open and Obvious Hazards?
In a traditional premises liability case, it would seem that way. The main goal of a personal injury case like this is to show that the owner knew about the hazard and did nothing. So how does admitting that there was a dangerous situation help the property owner?
Their argument is going to be that while there was a danger, you should have noticed it. There were open and obvious hazards that any reasonable person should have seen and avoided. Instead of the property owner receiving blame for your injuries, the defendant is making an argument that it was actually your fault that you got injured on this person’s property.
What Could Be Considered Open and Obvious Hazards?
There are a few different dangers that could be called open and obvious hazards. A property owner might argue that you should have seen any of these and just assumed that there was danger:
- A visibly wet floor
- A crumbling sidewalk
- A stairway with a missing handrail
- A ladder in the middle of a sales floor or aisle
- Raised areas of pavement in parking lots
Can I Be Partially Blamed for My Slip and Fall?
In some situations, this may be the actual goal of the defendant. In Texas, you can only recover damages for an injury if you were less than 51% at fault. If a property owner can successfully argue that you were mostly at fault for your injury, you cannot recover compensation.
How Can an Attorney Help Me Fight This Open and Obvious Hazards Argument?
Your attorney can fight back against the open and obvious hazards argument by saying that the dangers were not actually all that obvious. A reasonable person would not have expected to get hurt on this property, despite what the owner or operator says. The responsibility is still on whoever was managing the property. They owed you a duty of care and did not try as hard as they should have to keep you safe.
Contact Our Law Firm
If you are pursuing damages in a premises liability case, you do not have to go it alone. Contact Sahadi Legal Group and ask about setting up a free initial consultation. We can tell you more about the potential value of your case and what our attorneys can do to assist you.
