One of the most frustrating defenses we get from insurance companies when we bring a liability claim for a trip and fall or slip and fall is that the hazard that caused the fall was open and obvious. If you park in an icy parking lot, the hazard is open and obvious, but it is also unavoidable. There is not really a good way for you to choose how to get around it, so even if it is an open and obvious hazard, the defense is probably going to fail because you just cannot get around it.
On the other hand, if you are leaving a store and there is concrete torn up in front of you with yellow paint as a warning and is easy to circumvent, you might have more problems with your case. Even if you are holding grocery bags and you did not see it, the hazard itself was still open and obvious, so you are probably going to fail.
If you have any questions, call or text the slip and fall lawyers at 612-INJURED at (612) 465-8733 for a free consultation.
