Hurdles To Slip And Fall Cases

Possible Hurdles To Your Slip And Fall Case

Jed Dietrich, Esq., Distinguished as a New York Super Lawyer, and His Team of Aggressive, Tenacious, and Hardworking Attorneys at the Dietrich Law Firm P.C. Fight to Obtain Unsurpassed Results for Victims Seriously Injured in Slip and Falls Accidents in Buffalo, New York.

Slip And Fall AccidentUnder New York law, every person or entity in control of property owes a duty to exercise reasonable care to maintain the premises in a reasonably safe manner to protect anyone whose presence is reasonably foreseeable. It is the plaintiff’s responsibility to prove that the property owner’s negligence caused his or her injuries. Nevertheless, property owners can raise various defenses to refute the plaintiff’s claim. If you are contemplating pursuing a lawsuit after your slip and fall accident, it is important to recognize and understand some legal defenses that you might encounter. Premises liability lawsuits are often highly fact-intensive cases. Whether or not a certain defense is applicable in your case will be dependent on a meticulous investigation of all the circumstances surrounding the accident. Having an experienced personal injury attorney that is aware of all of the possible defenses that might be raised and obtaining adequate evidence to counter them can significantly strengthen your case as well as lead to much quicker and higher settlement offers.

Jed Dietrich, Esq. and his team of highly experienced and top rated slip and fall accident injury attorneys in Buffalo, New York, have seen the adverse effects that the dreadful injuries suffered by accident victims can have on them, and ultimately their loved ones. After an accident, your top priority should be recovering, and our compassionate team is here to help with the rest. Pursuing a personal injury claim against the responsible party may be the only way to begin to recover. The Dietrich Law Firm P.C.’s leading team possesses the knowledge and expertise necessary to investigate your slip and fall accident claim, ensure that you are in a position to overcome all possible defenses, and obtain the highest possible recovery for your injuries.

Since 1999, Jed Dietrich, Esq., a proud member of the Million Dollar Advocates Forum, has exclusively handled serious personal injury cases. Jed Dietrich, Esq. has battled to obtain over $175 Million in verdicts and settlements for victims who were injured in Buffalo, New York, and beyond. Our honorable commitment to exceeding your expectations and delivering an exceptional outcome is what sets us apart from the competition. The Dietrich Law Firm P.C. offers free lawsuit evaluations and consultations. We would be honored to speak with you about your slip and fall accident claim. Our team is available 24 hours a day, 7 days a week, at 716-839-3939, or by filling out the online consultation form

What Is The Storm in Progress Defense?

The storm in progress defense suspends a property owner’s duty of reasonable measures to remedy hazardous conditions caused by ongoing storms. Reasonable measures generally refer to the corrective actions, such as salting ice or shoveling snow, as well as providing adequate warnings. The property owner’s duty to correct any hazardous conditions associated with the storm is not reestablished until after the storm is over. The defense applies to exterior areas, including parking lots, sidewalks, and driveways, as well as interior areas. The overall scope of the legal principle signifies a common-sense policy that property owners are not required to provide a continuous remedy when water or moisture is tracked indoors during a storm and causes the slippery condition. Nevertheless, the storm in progress defense is constrained to snow or water that has been tracked into interior surfaces from the outdoors. For example, if you slipped on a floor that was wet because it was recently mopped, the storm in progress defense would not be applicable even if there was an ongoing blizzard.

Once the storm has ended, the property owner must correct any hazardous conditions within a reasonable time, as his or her duty to remedy the hazardous conditions will be reinstated. It is worth noting that a simple break in a storm is not the same as the ending. Thus, a pause in the storm would not initiate the landowner’s duty to remediate the hazard. Defendants are not shielded from responsibility for falling short of remedying any conditions that preceded the storm. Additionally, the defense can only be applied to slip and falls caused by the exact condition that was produced by the storm. For instance, if a parking lot was icy days before a blizzard, the court would most likely deny the property owner’s storm in progress defense.



The Open and Obvious Conditions Defense

Warning Slip and FallShould a victim be able to obtain compensation for injuries suffered due to a clearly identifiable dangerous condition? This question often comes up in Buffalo, New York, during the long winters, when visitors slip and fall on icy surfaces. If a dangerous condition is evident, the property owner may claim that the hazardous condition was so obvious that any reasonably intelligent person with the use of his or her senses would have easily identified the danger. The open and obvious defense doctrine holds that property owners do not have a duty to warn of open and obvious dangers because the obviousness of the danger itself is considered to be equivalent to a sufficient warning. The defense assumes that the plaintiff brought the injury upon him or herself in cases where he or she had a reasonable alternative to encountering the threat, but still proceeded and suffered the resulting injury.

If you, or a loved one, suffered severe injuries or worse in a slip and fall accident, you want the best personal injury lawyer in Western New York to handle your claim. Jed Dietrich, Esq. and his hardworking team of premises liability lawyers are committed to safeguarding the legal rights of fall victims. The Dietrich Law Firm P.C. will treat you with respect and compassion and help you get through this difficult time. Call us today at 716-839-3939.

Other Common Defenses Slip and Fall Defenses

In addition to the above defenses, when a slip and fall claim proceeds towards litigation, the defendant and their insurance company may present several other defenses, including:

  1. Comparative Negligence: This defense implies that the victim was partially or totally at fault for the accident.
  2. Inadequate Notice: The defendant may respond to the victim’s premises liability lawsuit by claiming that they lacked sufficient knowledge or were not placed on notice of the danger that existed on their property.
  3. Procedural Defenses: The property owner may not be the party in control of the area where the slip and fall occurred. If the plaintiff brought a claim against the wrong party, the defendant might challenge the legitimacy of the lawsuit.
  4. Statute of Limitations: A slip and fall case may be dismissed if the claim was filed after the statute of limitations passed.

Assistance LawyerThe Dietrich Law Firm P.C.’s veteran team has a long history of obtaining justice for victims of devastating slip and fall accidents. Our experienced slip and fall lawyers will act reasonably and appropriately to develop the most effective legal strategy to counter all possible defenses, improve your probability of receiving the maximum compensation for all injuries suffered, and guarantee that justice prevails. The Dietrich Law Firm P.C., distinguished as a Best Law Firm of America, is determined, disciplined, and dedicated to obtaining the best possible results for those injured by slip and fall accidents in Buffalo, New York; Rochester, New York; Niagara Falls, New York; throughout New York State and beyond. Call Jed Dietrich, Esq., recognized as an Attorney and Practice Magazine’s Top 10 Personal Injury Attorney, and his top rated team of slip and fall accident injury lawyers today at 716-839-3939 so that we can help you!

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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I am a medical doctor and have worked with many of the best lawyers in Buffalo and I can say without question that Jed Dietrich is the only lawyer I would trust with my injury case in Buffalo New York. B.O.
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No one will work harder, smarter or better; I have retained Jed and he obtained the best result for my case. D.P.
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