Common Defense Tactics in Slip and Fall Cases and How to Counter Them

An unexpected fall on another person’s property often leads to a pivotal question: are slip and fall cases hard to win? At The Law Offices of John Phebus, countless individuals raise this concern when seeking justice. These cases may present serious legal hurdles, especially when defense attorneys deploy calculated strategies to shift blame. Knowing what to expect and having a plan to counter common defenses often becomes the difference between a dismissed claim and a favorable outcome.

How Can Property Owners Use Comparative Negligence Against You?

Under Arizona law, comparative negligence can significantly impact the outcome of a slip and fall case. Arizona Revised Statutes 12-2505 outlines that a plaintiff’s damages may be reduced in proportion to their own negligence.

Property owners might argue that you were partially responsible for your fall, such as by being distracted, wearing unsafe footwear, or ignoring warning signs. In some cases, they may present video footage or eyewitness testimony suggesting that your actions contributed to the incident.

What If the Defense Claims You Were Partially at Fault?

They may use this argument to reduce or avoid paying damages. Arizona’s pure comparative fault rule allows compensation even if you’re mostly at fault, but your total award will decrease based on your share of responsibility. A solid legal strategy involves demonstrating that your actions were reasonable and that the property owner failed in their duty of care.

What Is the “Open and Obvious” Defense and How Can It Undermine Your Case?

The “open and obvious” defense is a common tactic in premises liability cases. According to the Arizona State Bar, property owners may argue they were not required to warn of a danger that was clearly visible or should have been seen by a reasonable person.

This can be especially challenging when the hazard is something like a bright orange cone, a large spill, or an obvious structural issue. Courts may side with the property owner if they believe you had a clear opportunity to avoid the hazard.

Can a Clearly Visible Hazard Prevent You From Recovering Damages?

It might limit your recovery, but not necessarily eliminate it. Arizona law still requires property owners to act reasonably if the hazard poses a risk despite being visible. For instance, your case may remain viable if the area had poor lighting or if distractions reasonably drew your attention away.

Why Does It Matter If the Property Owner Knew About the Hazard?

Knowledge is central to premises liability. The defense will often argue that the property owner didn’t know and couldn’t have known about the danger in time to correct it.

Your legal team must show either actual knowledge (the owner saw the hazard) or constructive knowledge (the hazard existed long enough that the owner should have noticed it through reasonable inspection or maintenance).

What Happens When There’s a Dispute Over “Notice” of the Danger?

We rely on surveillance footage, incident reports, cleaning logs, and eyewitnesses to prove the property owner had notice. Disputes often arise when there’s no record of the hazard or when it appeared shortly before the incident. Your attorney can subpoena internal records and request depositions to uncover information about property maintenance practices.

Can the Defense Argue That Something Else Caused Your Injury?

Yes, another tactic is to argue your injuries were pre-existing or caused by something other than the fall.

Insurance companies may comb through your medical records to find prior injuries or unrelated conditions they can blame. Sometimes, they argue that you slipped but didn’t fall hard enough to sustain serious injuries, or that your pain stems from a past accident.

How Do You Prove the Fall Was the Direct Cause of Your Injuries?

Medical documentation is essential. We help clients establish a clear link between the fall and their injuries through diagnostic tests, doctor statements, and treatment records. Consistency in medical care and prompt treatment strengthen your position.

What Role Does Evidence Preservation Play in Beating Defense Tactics?

Preserving evidence is one of the most critical steps after a slip and fall incident. Without it, it becomes much harder to refute defense claims.

Immediately after a fall, taking photos, gathering witness contact information, and seeking prompt medical care helps create a reliable record. If you wait too long, valuable evidence may be lost or altered.

What Types of Evidence Strengthen Your Case from the Start?

Photos of the hazard, video surveillance, clothing worn during the incident, medical records, and eyewitness statements can all strengthen your case. Obtaining any incident reports filed with the property owner or business is also helpful.

Our firm guides clients in collecting and preserving evidence from the moment we’re retained, helping ensure no key details are overlooked.

Do I Really Need a Lawyer to Handle a Slip and Fall Defense Strategy?

While not legally required, having a lawyer can substantially improve your chances of countering defense tactics effectively.

Slip and fall claims involve nuanced interpretations of negligence, liability, and damages. Property owners typically have legal representation from the start, and their insurance providers often work aggressively to minimize payouts.

How Can Legal Representation Shift the Outcome in Your Favor?

We identify weaknesses in the defense and build a case that emphasizes the property owner’s responsibility. Our attorneys know how to interpret complex medical records, uncover maintenance issues, and demonstrate how the injury has affected your life. We also handle negotiations and, if necessary, litigation.

With experienced representation, your claim is far more likely to withstand defense tactics and secure meaningful compensation.

Contact a Firm That Understands Arizona Premises Liability Law

If you’re unsure whether your case is strong enough to pursue, we can help you evaluate your legal options. At The Law Offices of John Phebus, we protect injury victims across Arizona. Our team is ready to stand up to defense arguments and fight for the compensation you may deserve.

Call us today to schedule a free consultation and learn how we can help you build a strong slip-and-fall case.

John Allen Phebus

Experienced Personal Injury & Criminal Defense Attorney

John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.

Years of experience: +30 years

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