If you are partially responsible for your slip and fall accident, it may affect your ability to recover compensation for your injuries. However, the extent to which your settlement or award is affected will depend on your degree of fault and the specific circumstances of your case.
Comparative Negligence Varies Across States
For states that follow, the rule of comparative negligence is used to determine the extent to which each party involved in a slip and fall case is responsible for the resulting damages (e.g., injuries, property damage, etc.). Under this doctrine, a plaintiff (injury victim) who is partially responsible for their slip and fall may still be able to recover compensation from the defendant (at-fault party). However, the amount will be reduced by their percentage of fault.
For example, if a plaintiff is awarded $100,000 and found 20% responsible for their slip and fall, their compensation will be reduced by 20% so they will receive $80,000. It is important to note that Pennsylvania uses a modified comparative negligence system, meaning that a plaintiff can only recover damages if their percentage of fault is less than 51%. Therefore, if a slip and fall victim is found to be 51% or more to blame for their injuries, they will not be able to recover any compensation.
When You Can be Partially Responsible for a Slip and Fall Accident
Some common examples of ways an individual may be at fault for a slip and fall include:
- Ignoring warning signs: When signs were warning of a slippery floor or hazardous area, and the victim ignored them and continued to walk.
- Distracted walking: When the victim was texting, talking on the phone, or otherwise distracted while walking, contributing to the slip and fall.
- Alcohol or drug use: When the victim was under the influence of drugs or alcohol at the time of the slip and fall.
- Wearing inappropriate footwear: If the victim was wearing shoes with little or no grip, high heels, or other footwear that is not suitable for the surface they were walking on, they may be found partially at fault.
The Importance of Hiring an Attorney
Hiring a slip and fall attorney is critical for the following reasons:
Their Knowledge and Experience
Slip and fall attorneys understand the laws and regulations surrounding premises liability accidents, and know how to build a strong case in your favor.
Investigation
An attorney will investigate the circumstances surrounding your accident to determine who was at fault. They will gather evidence, interview witnesses, and review any available security footage to support your claim that the defendant is responsible.
Negotiation
Slip and fall attorneys are skilled negotiators and can handle all communication with insurance companies and other parties involved in the case to ensure that you receive the compensation you deserve.
Trial Representation
If your case goes to court, an attorney will fight for your rights in front of a judge and jury. They will present your case in the strongest possible way to help you get the best outcome.
If you or a loved one consult an experienced Slip and Fall Lawyer as soon as possible. They can evaluate the circumstances of your case and help you determine your legal options in a free consultation.