Categories: Law

Understanding Comparative Negligence In Slip And Fall Cases

Anyone can slip and hurt themselves. Comparative negligence in slip and fall cases is more common than you think and can result in serious injuries.

If you slip and hurt yourself on someone else’s property, you’re entitled to compensation for your injuries.

However, a legal concept called comparative negligence could affect how much compensation you can receive. This is why it’s important to hire a good lawyer to help you navigate all aspects of your slip and fall accident case.

What is Comparative Negligence?

Most states follow some version of comparative negligence. What this essentially means is that if the victim is found guilty of negligence in the accident, their compensation will be reduced accordingly.

For example, if a victim was 20% responsible for an accident, they would receive 80% compensation.

How Comparative Negligence Affects Slip and Fall Cases

The property owner could use comparative negligence in slip and fall cases as a defense strategy. They could argue that you are at fault for your accident and, therefore, aren’t owed compensation. Some ways you could be held liable include:

1. Trespassing on someone’s property.

2. Not paying attention to the signs, like a “wet floor” sign.

Your compensation could be significantly reduced if you made such mistakes.

Proving Fault in Slip and Fall Cases

In order to receive compensation for a slip and fall case, you need to prove that the property owner was at fault for your accident. Failing to do so would result in the court rejecting your claim. The property owner can be held liable if:

1. There were unsafe conditions on the property. For example, a broken railing on a staircase.

2. The owner knew about these risks and didn’t fix them. This could be due to poor maintenance or failure to address known issues.

3. The unsafe condition caused your injury. If you fell because of the broken railing and suffered injuries, this shows the property owner’s negligence.

You will need evidence to prove these conditions, and some types of evidence that could help include:

1. Surveillance camera footage: This can show exactly what happened during the accident.

2. Witness accounts: Statements from people who saw the incident can help verify the condition of the property and what led to your fall.

3. Medical records: These can connect your injuries to the slip-and-fall accident, showing their severity and the treatment you require.

Pure and Modified Comparative Negligence

Not all states handle comparative negligence in the same way. Some follow a pure comparative negligence rule, meaning you can still recover damages even if you’re mostly at fault.

For example, if you’re found to be 20% responsible for the accident, you could still recover 80% of the damages. This is important because it means you don’t lose your right to compensation just because you’re partially at fault.

Other states follow modified comparative negligence in slip and fall cases, which has stricter guidelines. Under this rule, you can’t recover compensation if you’re found to be more than 50% responsible for the accident.

There are also a few states, such as Alabama, Maryland, North Carolina, and Virginia, that follow contributory negligence laws. In these states, even if you’re only 1% at fault, you won’t be able to recover any damages at all.

Conclusion

Slip and fall accidents may seem straightforward, but they can get complicated depending on the circumstances of your case. This is why it’s crucial to seek legal assistance, as a lawyer can help you understand your rights and ensure you get the compensation you deserve.

Understanding how comparative negligence in slip and fall cases works can help you get a rough estimate of how much compensation you will receive. A lawyer can prove your innocence and establish liability to ensure you get fair compensation for all your losses.

Sameer
Sameer is a writer, entrepreneur and investor. He is passionate about inspiring entrepreneurs and women in business, telling great startup stories, providing readers with actionable insights on startup fundraising, startup marketing and startup non-obviousnesses and generally ranting on things that he thinks should be ranting about all while hoping to impress upon them to bet on themselves (as entrepreneurs) and bet on others (as investors or potential board members or executives or managers) who are really betting on themselves but need the motivation of someone else’s endorsement to get there.

Recent Posts

How to Maintain a Neat and Tidy Storefront During Summer Sales

During the summer, your business might experience fewer customers or hordes more visitors. This will depend on the industry you…

1 day ago

What Companies Hire Full Stack Developers?

Full stack developers are highly sought after across industries including software, retail, healthcare, education, and financial services. Businesses of all…

2 days ago

How Much Maintenance Time Do Companies Spend on Activities That Are Preventative and Predictive?

Modern businesses are under growing pressure to improve asset performance, minimise downtime and reduce maintenance costs. For many, the shift…

2 days ago

UPLARN.com: Your Go-To Educational Platform

Platforms such as UPLARN.com have appeared in the continually transforming world of online study to support the educational needs of…

2 days ago

How a Channel Manager Can Increase Hotel Occupancy Rates?

In today's competitive world of the hotel business, it is important to optimize multiple distribution channels to maximize the hotel’s…

3 days ago

How to Choose the Best Commercial Cleaning Products for Your Workplace

Introduction Cleaning the office is much more than beautification it will certainly contribute to the environment being healthier and more…

3 days ago