Property Owner Defenses In MN Falls

When you’re injured in a fall on someone else’s property, the owner’s insurance company will immediately start building a defense. Property owners and their insurers don’t simply accept responsibility. They use specific legal arguments to shift blame away from dangerous conditions and onto the injured person. Knowing these common defenses helps you understand what you’re up against and how to protect your claim from the start.

The Open And Obvious Defense

This is the most frequently used argument in Minnesota fall cases. Property owners claim that the hazard was so visible that any reasonable person should have seen and avoided it. For example, if you tripped over a crack in a parking lot during daylight hours, the defense might argue the defect was clearly visible. Minnesota courts have ruled in some cases that property owners don’t need to warn about dangers that are obvious to visitors. However, this defense isn’t automatic. Just because something was visible doesn’t mean the property owner is off the hook. If you were distracted by something the property owner controlled, or if the hazard blended into its surroundings, you may still have a valid claim.

Claiming You Were Trespassing

Property owners owe different levels of care depending on why you were on their property. They’ll sometimes argue that you were trespassing to reduce their liability. Under Minnesota law, property owners owe the highest duty of care to business invitees (customers in stores, for instance). They owe less to social guests and very little to trespassers. If you were lawfully on the property for business purposes, this defense won’t hold up. But property owners will try to reclassify your status if they can find any justification.

The Comparative Fault Argument

Minnesota follows a modified comparative fault system. This means if you’re found partially responsible for your fall, your compensation gets reduced by your percentage of fault. Property owners routinely argue that you were:

• Walking while distracted by your phone
• Wearing inappropriate footwear
• Ignoring warning signs
• Not paying attention to where you were going
• Moving too quickly for the conditions

If you’re found 50% or more at fault, you recover nothing under Minnesota law. That’s why insurance companies push hard on this defense. An Apple Valley slip and fall lawyer can challenge these assertions with evidence showing the property condition was the primary cause.

Arguing They Had No Notice

For a property owner to be liable, they must have known (or should have known) about the dangerous condition. Owners often claim they had no idea the hazard existed. This defense requires them to prove that the dangerous condition appeared so recently that they couldn’t have discovered it through reasonable inspections. In retail environments, this might mean arguing that a spill happened minutes before your fall. Your attorney can counter this by examining maintenance records, employee schedules, and surveillance footage. If the condition existed for hours or days, the “no notice” defense crumbles.

Blaming Third Parties

Sometimes, property owners try to shift responsibility to contractors, tenants, or other parties. A landlord might blame a snow removal company for icy conditions. A store might point to a delivery service for creating a hazard. While third parties can share liability, this doesn’t automatically let the property owner escape responsibility. Property owners still have duties to oversee maintenance and ensure safe conditions.

The Pre-Existing Injury Claim

Insurance companies dig into your medical history looking for prior injuries. They’ll argue that your back pain, knee problems, or other injuries existed before the fall. This defense attempts to reduce the value of your claim by attributing your current condition to old injuries. Medical records, expert testimony, and documentation of your health before the incident become important evidence. Bennerotte & Associates, P.A. has handled numerous premises liability cases throughout Minnesota. The legal team understands how property owners defend these claims and knows how to build evidence that overcomes their arguments.

How To Protect Your Claim

Understanding these defenses helps you avoid mistakes that weaken your case. Take photos of the hazard immediately if possible. Get contact information from witnesses. Report the incident to the property owner or manager. Don’t give recorded statements to insurance adjusters before speaking with an attorney. Everything you say can be used to support these defenses. If you’ve been injured in a fall on someone else’s property, protecting your rights starts with understanding what you’re facing. An Apple Valley slip and fall lawyer can evaluate the specific defenses likely to arise in your situation and develop a strategy to counter them effectively.