Are there any defenses against a slip and fall lawsuit?

In Arkansas, there are several possible defenses that may be available to successfully defend a slip and fall lawsuit. Generally, property owners have a duty to keep their premises in a safe condition by adhering to established safety standards. However, a defendant may defend against a slip and fall lawsuit by proving that the injured plaintiff’s own negligence was the actual cause of the accident. Other defenses may involve proving that the property owner had no actual knowledge of the hazardous condition, that the owner didn’t create the hazardous condition, or that the plaintiff’s own actions contributed to their own injury. Another potential defense is to show that the hazardous condition was open and obvious, and that the plaintiff should have known, or had reason to know, of the hazard before the slip and fall accident occurred. The “open and obvious” defense is often used when an injury is from a condition such as a damaged or slippery floor, an obstruction in the walking path, or a foreign substance on the floor. The defendant has the burden of proving that the hazard was open and obvious and that the plaintiff should have noticed it. Finally, contributory negligence may be used as a defense, wherein the defendant alleges that the plaintiff’s negligence contributed to the accident. The defendant must prove that the plaintiff was actually negligent and that their negligence contributed to the injury in order for the defense to be successful. The court will also consider any comparative negligence when assessing the damages to be awarded.

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Are there any defenses against a slip and fall lawsuit?

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