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.
Source: Cosmo Politian
