Understanding Comparative Negligence In Slip And Fall Claims
When it comes to slip and fall claims, determining liability is not always straightforward. Comparative negligence is a legal concept that plays a crucial role in these cases, affecting the compensation a plaintiff may receive. A lawyer will know how to handle a slip and fall claims and can attest to the significance of understanding comparative negligence. It is crucial that you understand what it entails and how it impacts slip and fall claims.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to allocate fault in personal injury cases, including slip and fall claims. It recognizes that sometimes, both the plaintiff (injured party) and the defendant (property owner or occupier) may share responsibility for the accident. If you believe you were partially at fault for the slip and fall accident, it is crucial that you speak with a lawyer, like a slip and fall lawyer, about your claim.
Contributory Negligence Vs. Comparative Negligence
It’s important to distinguish between contributory negligence and comparative negligence:
Contributory Negligence: Under the contributory negligence rule, if the plaintiff is found even slightly at fault for the accident, they are completely barred from recovering any compensation. This strict rule is rarely used today.
Comparative Negligence: Comparative negligence is more forgiving. It allows the injured party to recover compensation even if they are partially responsible for the accident. The compensation amount is reduced based on the plaintiff’s degree of fault.
How Comparative Negligence Affects Slip And Fall Claims
In slip and fall claims, comparative negligence comes into play when assessing liability and determining the amount of compensation the plaintiff is entitled to. Here’s how it works:
1. Establishing Liability:
To pursue a slip and fall claim, the plaintiff must prove that the property owner or occupier was negligent and that this negligence caused the accident. However, if the plaintiff’s actions also contributed to the accident, their compensation may be reduced.
2. Determining the Degree of Fault:
Comparative negligence involves determining the percentage of fault assigned to each party involved. This assessment considers factors like whether the plaintiff was aware of the hazard, whether they were exercising due care, and whether the property owner took reasonable steps to prevent the accident.
3. Reducing Compensation:
The plaintiff’s compensation is then reduced by their assigned percentage of fault. For example, if the plaintiff is found to be 20% at fault and their total damages are $10,000, they would receive $8,000 (80% of $10,000).
A Team You Can Trust
Understanding comparative negligence is essential for anyone pursuing a slip and fall claim. It can significantly impact the compensation you receive. Our friends at MartinWren, P.C. have the expertise needed to navigate these complexities, ensuring that you receive the compensation you deserve while safeguarding your rights and interests. Remember, every slip and fall case is unique, and seeking professional legal guidance is vital for a favorable outcome. Contact a team you can trust today.