Obviously, the first and most frequently encountered defense is that of contributory negligence, which completely bars the claim if proved. Even the slightest inattention on your part may be enough to defeat your claim. This is especially true where the hazardous condition is “open and obvious.”

If the condition was temporary, such as spilled liquid, the argument will be that you cannot satisfactorily prove that the condition had existed sufficiently long to allow for a reasonable inspection and discovery of the problem, and for an opportunity to correct it.