It’s not uncommon for slip and fall injuries in a store to result in aggressive legal disputes. Store owners often attempt to avoid paying victims by employing four common types of defenses: denying responsibility, blaming the injured person, denying knowledge of the hazard, and countering the cause of the injuries. Regardless of the defense, slip and fall victims shouldn’t be left to combat these excuses single-handedly. Having a qualified lawyer like Attorney Matthew Breen advocate for you immediately gives you a leg up on your injury claim. He combines strategic investigation with a keen understanding of liability to dismantle these defenses and build a strong case focused on securing the compensation you’re entitled to.
Slip and Fall in a Store: Common Defenses and How Attorney Breen Responds
To avoid paying injury claims, store owners often rely on these four common defenses:
1. Defense: “We Didn’t Cause the Hazard”
Store owners often argue they didn’t cause the spill or obstacle that led to your fall. They may claim that they weren’t able to prevent your fall because the hazard was created just moments before it occurred.
In this situation, Attorney Breen responds by demanding access to store incident reports and security footage. These can prove that the hazard existed long enough for the staff to have been aware of it and to have taken appropriate action. Additionally, he gathers witness statements from customers or employees who saw the dangerous condition before your fall.
2. Defense: “You Should Have Seen the Hazard”
Store owners may try to shift the blame onto you. They argue the hazard was “open and obvious” or that you were careless or distracted, attempting to reduce their liability.
In this case, Attorney Breen counters these arguments by thoroughly analyzing the scene of your fall. He documents poor lighting, blocked views, and missing warning signs that made the hazard difficult to notice. In addition, he uses photographs, witness statements, and expert analysis to prove that unsafe store conditions, not your actions, caused the injury.
3. Defense: “We Didn’t Know About the Hazard”
Store owners often argue that they lacked knowledge of the hazard. They claim the dangerous condition appeared only moments before the fall or that their cleaning and inspection procedures were reasonable. Therefore, by stating they had no opportunity to address the hazard, they attempt to avoid responsibility.
Matthew Breen challenges this by conducting a detailed investigation into the store’s safety practices. He secures cleaning logs, inspection records, surveillance footage, and employee statements to assess whether the store performed regular inspections. If records show missed inspections, skipped cleanings, or previous complaints about similar hazards, Attorney Breen will use this evidence to prove the store either knew or should have known about the danger. Exposing gaps in the store’s maintenance and safety procedures helps to hold the store accountable for failing to protect its customers.
4. Defense: “Your Injuries Weren’t Caused by the Fall”
A store may try to deny responsibility by claiming your injury was caused by a pre-existing condition rather than the incident. Without strong medical evidence, this argument can weaken your case.
Attorney Breen works with medical experts to document your injuries and confirm they resulted from the incident. By providing independent, professional analysis, he can establish a clear connection between your injuries and the fall. This evidence, combined with Attorney Breen’s skillful advocacy, helps prevent the store from shifting blame and strengthens your case.
Injured from a Slip and Fall in a Store? Matthew Breen Will Fight for You!
Attorney Matthew Breen understands that a slip and fall in a store is not just a legal issue; it’s a personal one. You’re dealing with pain, stress, and uncertainty about the future. Don’t let quick excuses and blame-shifting defenses throw your life off course.
If you’ve been injured in a slip and fall at a store, schedule a free consultation with Lowcountry Law, LLC, today. Get the dedicated legal help you need to pursue full compensation.
