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Slip and fall cases are difficult to prove. Someone injured because of a fall must establish that the property owner or other party responsible for the property had notice of a concealed defect and that the defect caused injury and damages. The difficulty comes from the notice and concealed defect aspects of the claim. Many of these cases are thrown out of court before they get to trial. And insurance companies routinely deny slip and fall claims.

A favorite defense raised by the insurance companies relates to whether an injury-causing defect was concealed, and it's known as the "open and obvious" doctrine. Under this defense, a property owner who has notice of a defect isn't liable for injuries and damages caused by a defect when the defect is so open and so obvious that the injured person should have noticed it and should have appreciated the danger. This is a complete bar to recovery if it's established. And many cases are thrown out of court because of this defense. So that's why insurance companies favor it. All is not lost though, because circumstances surrounding an incident may effectively defeat that defense. And our firm has the experience to raise all the circumstances and find precedent that supports the case.