How to Defend a Business in a Slip and Fall Lawsuit

Whether you are an attorney, an insurance representative or a business owner concerned about your reputation, there are certain things you can do to defend a business in a slip and fall lawsuit. Taking these steps may work to help you avoid court, and they will be useful if you do find yourself before a judge and jury.

Instructions

1. Get the facts. Interview as many witnesses as you can find. Go to the site and look around the physical area where the accident occurred. Look for possible explanations for the fall.

2. Talk to the person who is filing the lawsuit. Find out the injured party's state of mind at the time, whether she was in a hurry, preoccupied or stressed out for any reason. Ask her if she has ever filed a similar lawsuit in the past. Get her side of the story.

3. Make a note of all the precautions the business took to avoid the kind of accident. For example, if there is small step in an awkward place, and a large warning sign was on the wall above the step and the step was painted with bright yellow paint, the business may not be as liable. If the business had a wet spot roped off, but the customer moved the ropes to get at something and fell, then they probably have no responsibility for the accident.

4. Act quickly to get all the facts before witnesses start to forget and the injured party has a chance to elaborate on the conditions of the business when she fell.

Tips & Warnings

• If the lawsuit goes to court, remember that appearing unsympathetic or mocking another person's injuries does not play well to the jury.