Comparative Negligence In A Slip & Fall Case
After a slip and fall accident, it is your legal right to seek compensation for personal damages. Compensation can help you recover the cost of medical bills and lost wages, and they can help you put your life back together.
Slip and fall cases are one of the most difficult ones to win. While there are many hurdles to overcome while arguing a slip and fall case, the legal concept of comparative negligence is one of the biggest obstacles to fully recovering assets.
What is Comparative Negligence?
Comparative negligence asserts that both parties involved share fault for an accident. Under comparative negligence, a defendant shouldn’t be responsible for the full extent of the plaintiff’s slip and fall injuries.
Florida law stipulates that not every slip and fall case has just one liable party – many people have rightly argued that the fault can be shared between the owner and the visitor. For instance, stairs that do not have a handrail may be considered hazardous to older people, but one could reasonably argue that such visitors shouldn’t take the stairs at all if they cannot safely traverse them.
Because slip and fall cases are not always clear-cut, comparative fault helps bridge the gap between parties based on relative responsibility with fractions like 90/10, 75/25, etc. Instead of having to pay for the full 100% of damages, the court finds that you are 20% at fault; therefore, the defendant only needs to account for 80% of your slip and fall damages.
Different Types of Comparative Negligence
Depending on where you live, the law recognizes different types of comparative negligence. While some states do not permit any comparative negligence for slip and fall cases, states that do allow comparative negligence often further sub-divide it into “pure comparative negligence” and “modified negligence.”
Pure Comparative Negligence
The amount of your negligence limits your recovery under this rule. For example, if you are suing a trucking company, but the court rules that you are 60% at-fault, you will only be eligible for 40% of your total monetary recovery.
Modified Comparative Negligence
Some state laws specify the extent you can be negligent before you no longer have a right to pursue damages at all. For example, if a person is over 50% or more negligent, that person automatically forfeits their right to recover any monetary damages.
How Do You Prove Negligence in A Slip And Fall case?
Determining negligence is one of the hardest parts of a slip and fall case. Usually, the defense will try to portray you as a reckless individual. This tactic allows the defendant to distance themselves from accountability because it asserts that you are partially responsible for your injuries. When determining comparative negligence, your legal advisor assesses the evidence and determines an at-fault percentage for each party.
Your case needs to incorporate sufficient and clear evidence. An experienced attorney can help you build your case by procuring compelling assets like witness testimony, security camera footage, expert analysis, and other documentation. These elements can help ensure justice is done for your slip and fall claim.
Farah & Farah is Ready to Fight for You
Slip and fall cases are some of the hardest settlements to win. And like comparative negligence, makes it hard for people to get their fair share after an accident.
You need all the help you can get to win a slip and fall accident. Farah & Farah have a strong reputation for helping clients build compelling slip and fall cases. Contact Farah & Farah today for your free, no-obligation case review.