How Comparative Negligence May Affect Your Slip and Fall Case

How Comparative Negligence May Affect Your Slip and Fall Case 1

If you have been injured because of a slip and fall accident, then you may wonder if you have a personal injury case. If you have a slip and fall claim, which is also referred to as premise liability, it asserts that the owner of the property did not take reasonable precautions to make sure that the area was safe for those passing through.

In slip and fall cases, it means that there may have been a hazard on the premises, such as a wet floor, and the owner didn’t take proper care to fix or warn others about the hazard. This may result in someone you care about falling and being injured.

Failure to take proper care is referred to as negligence. If you have plans to pursue the case, then there may be a chance that the property owner is going to claim that you were at fault when the incident occurred. If a victim of negligence is found to be liable for some blame in the accident, then this is referred to as comparative negligence.

Understanding Comparative Negligence

According to the law, comparative negligence has to be established by the defendant. This means that the property owner does not hold the burden of proof. Instead, the owner of the property has to prove that the individual who was injured failed to show reasonable care or that they were behaving in a dangerous manner and that this behavior played a part in the injury that occurred.

Now you may wonder what this means for a case you are pursuing. If comparative negligence is successfully established, then the settlement that the victim receives is going to be much lower than if the owner was found as being completely responsible for the accident.

What Arguments are Often Used by the Defense?

The owner of the property is going to try and establish that the victim was somehow acting in an irresponsible way or doing something they should not have been to prove they were partially or completely to blame for the accident that occurred.

They may use some of these arguments to establish comparative negligence:

  • You were someplace on the property you should not have been
  • You were not paying attention when the accident occurred
  • Your footwear was responsible for the accident
  • There were warnings about the hazard
  • The condition that led to the injury should have been easy to see

Pure Comparative Negligence

If your case winds up going to trial, then it may come under the pure comparative negligence rule, which is present in Florida. This is used by the court to determine who is to blame and how much of the blame one person has. The total amount of compensation you receive will be adjusted based on who is found to be more at fault.

If you have been injured due to a slip and fall on someone else’s property, you need to hire a premises liability attorney. More information about this type of case can be found by contacting Scott J. Sternberg by calling (561) 687-5660.

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