It’s not uncommon to hear people say that they slipped and fell, but it wasn’t their fault. While this may be the case sometimes, there are other times when people may be partially at fault for their slip and fall. At a glance, it may not seem like it would be worth it to file a claim if you were partly at fault, but that’s not always the case.
As with any type of accident, it’s important to speak with an experienced attorney to find out if you have a case. They will be able to review the details of your accident and let you know if you have a valid claim. After all, comparative negligence laws vary from state to state, so it’s important to have someone in your corner who knows the ins and outs.
What is Comparative Fault?
In order to understand how comparative fault works, it’s important to have a firm grasp on negligence. Negligence occurs when someone fails to act in a way that a reasonably prudent person would under the same or similar circumstances. Comparative fault is when someone is partially responsible for their accident. For example, if you slipped and fell on a wet floor and the business owner knew about the wet floor and did nothing to fix it or warn customers, they would be considered negligent. However, if you were wearing flip-flops and not paying attention, thus leading to your accident, you may be found at fault as well.
What Determines Fault in a Slip and Fall Case?
There are a few different factors that will be taken into consideration when determining fault in a slip and fall accident. The first is whether the property owner was aware of the hazard. And if they did, how long had it been there? If they knew about the hazard and did nothing to fix it or warn people, they are more likely to be held responsible. The other factor is whether you were paying attention. Here’s where comparative fault comes into play. If you weren’t keen where you were walking, and you slipped and fell, you may be found partly responsible. If this is the case, your compensation may be reduced based on the percentage contribution of your fault.
What Does This Mean for My Claim?
Fortunately, just because you may be partially at fault for your accident doesn’t mean that you don’t have a claim. In fact, in many states, you can still recover compensation, provided your percentage of fault doesn’t exceed 50%. This means that if you are 40% at fault, you can still recover 60% of the total damages. However, it’s important to keep in mind that each state has different laws when it comes to comparative fault. So, it’s always best to seek legal counsel to find out what your options are.
Conclusion
If you’ve been involved in a slip and fall accident, and you suspect you might be partially responsible, don’t assume that you don’t have a claim. Seeking compensation after such an accident might appear to be a daunting task, but an attorney is suited to help you through the process and ensure that you receive the compensation you deserve. And if you were partly at fault, they can work to reduce the amount of blame placed on you.
