7 Common Defenses Property Owners Use to Deny Slip and Fall Claims
Executive Summary: Property owners often employ various tactics to deny slip and fall claims, including claiming they were unaware of the hazard, blaming the accident on the victim, or disputing the authenticity of the injuries. Florida law allows you to push back, especially if you act quickly, get medical care, and gather strong evidence.
Slip and fall injuries can cause serious problems like medical bills, time off work, and lasting pain. But when you try to hold a business or property owner responsible, they often push back. In Florida, slip and fall cases can be challenging because property owners often employ various legal defenses to avoid liability. Knowing what to expect can help you protect your rights.
1. “We Didn’t Know About the Hazard”
Florida law requires property owners to know (or have a reason to know) about dangerous conditions. If you slip on a wet floor in a store, the business may claim it had no way of knowing the spill was there. This is called the “lack of notice” defense.
But courts can look at whether the hazard existed long enough that someone should have known. Video footage, witness testimony, and cleanup logs can all help prove your case.
2. “The Hazard Was Open and Obvious”
Some businesses argue that the danger was so obvious, you should have avoided it. This is a common defense in cases involving things like bright yellow cones or clearly marked broken steps.
Florida law does not automatically prevent a claim just because the hazard was visible. The court will look at whether it was reasonable for you to see and avoid the danger under the circumstances.
3. “You Weren’t Paying Attention”
If you were looking at your phone or distracted in some other way, the property owner may argue that your carelessness caused the fall. This is part of Florida’s comparative fault law.
Even if you were partly at fault, you may still recover damages. Your compensation will be reduced by your percentage of fault, as long as you were not more than 50% responsible (Florida Statutes § 768.81).
4. “You Were Trespassing”
Florida property owners do not owe the same level of care to trespassers as they do to invited guests or customers. If you were on the property without permission, the owner may use this defense to deny liability.
However, there are exceptions. For example, if the owner knew people often walked through an area or failed to fix a known danger, they could still be responsible.
5. “There Were Warning Signs”
If the business posted signs about the hazard like “wet floor” signs or taped-off sections, they may claim they did their duty. But signs alone are not always enough.
The court will ask whether the warnings were clear, placed correctly, and posted before the injury happened. A sign left in a corner or added after the fact won’t hold up.
6. “You Weren’t Really Hurt”
Sometimes businesses claim the injuries are minor or unrelated to the fall. They may ask for your medical records or bring in doctors to say your injuries are from a past condition.
This is why it’s important to seek medical care right after a fall and keep records of every visit. A clear medical timeline helps establish a connection between your injuries and the incident.
7. “You Waited Too Long to File”
In Florida, you usually have two years to file a personal injury claim. Property owners may argue that you missed the deadline, especially if you waited to report the fall or seek treatment.
Acting quickly helps protect your case. Report the fall immediately, seek medical attention, and consult with a lawyer as soon as possible.
Contact The Law Office of William Robinson
If you’ve been injured in a slip and fall, don’t let the other side control the story. The Law Office of William Robinson brings a fair and timely approach, backed by deep knowledge of how race, class, and justice intersect in Florida. We’re here to help you stand up for your rights. Contact us today to set up a consultation.
