Slip And Fall Lawyer
When it comes to slip and fall claims, the concept of comparative negligence plays a crucial role in determining liability and the potential compensation an injured party may receive. Comparative negligence acknowledges that both the property owner and the injured person may bear some degree of responsibility for the accident. It is crucial to understand the intricacies of comparative negligence, its impact on slip and fall claims, and how it affects the compensation awarded to the injured party.
What is comparative negligence?
Comparative negligence, also known as comparative fault, is a legal principle used in personal injury cases, including slip and fall claims. It recognizes that both the plaintiff (injured party) and the defendant (property owner) may share some degree of fault for the accident. Under comparative negligence, the court determines the percentage of fault attributed to each party involved.
Types of Comparative Negligence
There are two main types of comparative negligence: pure comparative negligence and modified comparative negligence. In states that follow pure comparative negligence, the injured party can recover compensation even if they are primarily at fault. However, their compensation is reduced by their percentage of fault. In states that follow modified comparative negligence, the injured party is eligible for compensation only if their degree of fault is below a certain threshold, often set at 50% or 51%.
Application in Slip and Fall Claims
When it comes to slip and fall claims, the court examines the actions or negligence of both parties involved. Factors such as the property owner’s duty of care, the injured person’s awareness of the hazard, and their level of caution are considered. For instance, if a property owner fails to repair a known hazard, but the injured person was distracted or wearing improper footwear, both parties may be assigned a percentage of fault.
Impact on Compensation
In slip and fall claims involving comparative negligence, a lawyer, like a slip and fall lawyer from a law office such as The Eskesen Law Firm, knows that the compensation awarded to the injured party is adjusted based on their degree of fault. For example, if the injured person is found to be 20% responsible for the accident, their compensation will be reduced by that percentage. If the court awards $10,000 in damages, the injured person would receive $8,000 (80% of the total amount). However, if their degree of fault exceeds the threshold set by the state’s law, they may be barred from recovering any compensation.
Importance of Legal Representation
Given the complexities of comparative negligence in slip and fall claims, it is crucial for injured parties to seek legal representation. Personal injury lawyers have the expertise to navigate these cases, gather evidence, assess fault, and negotiate fair compensation. They can build a strong case, protect the injured person’s rights, and ensure that their degree of fault is accurately determined to maximize the potential recovery.
Understanding comparative negligence is essential for those pursuing slip and fall claims. By recognizing the shared responsibility, injured parties can better comprehend how their degree of fault affects the compensation they may receive. Seeking legal assistance can greatly aid in navigating these complex matters. Reach out to a law firm you can rely on today.