When injured in a slip and fall, you may assume the legal case will be straightforward. However, this is far from the truth. In reality, there are several factors that can influence the outcome of your case, such as the defendant claiming the hazard was “open and obvious.” This claim can severely impact your ability to recover compensation, so it’s in your best interest to keep reading to learn more about this defense and how a Broward County slip and fall lawyer can help you through this process.
What Makes a Hazard “Open and Obvious?”
When you slip, trip, and fall due to a hazard on the ground, the property owner liable for the injuries you’ve endured may try to hold you responsible for the damages, claiming the hazard was open and obvious. Essentially, this means they are trying to hold you liable with this defense.
An open and obvious hazard is generally anything in plain view of the defendant that they should have seen and avoided in order to prevent their injuries from occurring. For example, if there is a large plant next to a walkway and a guest on the property isn’t paying attention and walks into it, the property owner may say they are not liable since the injured party knew or should have known about the risk.
How Can This Impact My Ability to Recover Compensation?
If the defense is successful in proving the validity of the defense’s claim, it may harm your ability to recover compensation. This is because it removes the responsibility of safety from the property owner and places it on the injured party. Generally, the courts believe as long as a reasonable person is able to understand the risks associated with the hazard due to its visibility, the property owner cannot be held liable for the injuries sustained.
Why Do I Need an Attorney For This Process?
In the event you are injured by a hazard the defendant is claiming is open and obvious, it’s imperative to enlist the assistance of an experienced attorney for this process. A lawyer may be able to help you beat these claims. One thing you may want to consider is whether or not the defendant was still guilty of negligence per se. Essentially, this means despite the hazard being open and obvious, they still violated a law in place to prevent injury to the public.
At the Finizio Law Group, our dedicated legal team can help you take the necessary steps to during these challenging times. We understand how difficult it can be to find yourself responsible for the negligence of another person. As such, our dedicated team will do everything possible to help you through these challenging times. Contact our firm today to learn how we can assist you during these complex issues.
