many cases, you may still be able to file a slip and fall lawsuit even if you were partially at fault for the accident. This concept is known as comparative negligence or comparative fault, which allows for the allocation of fault and responsibility between the parties involved.
Comparative negligence laws vary by jurisdiction, but there are generally two types
pure comparative negligence and modified comparative negligence.
Pure Comparative Negligence
Under this system, you can still pursue a lawsuit and potentially recover damages even if you were mostly at fault for the accident. However, the amount of compensation you receive will be reduced by your percentage of fault. For example, if you were found to be 30% at fault and the total damages awarded were $100,000, you would receive $70,000 (i.e., $100,000 – 30%).
Modified Comparative Negligence
This system has two variations
the 50% rule and the 51% rule.
– 50% Rule
In states following this rule, you can only recover damages if your fault is determined to be 49% or less. If you are found to be 50% or more at fault, you will be barred from recovering any compensation.
– 51% Rule
In states following this rule, you can only recover damages if your fault is determined to be 50% or less. If you are found to be 51% or more at fault, you will be barred from recovering any compensation.
It is important to note that the determination of fault is typically made by a judge or jury based on the evidence presented during the lawsuit. Factors such as the property owner’s duty of care, the condition of the premises, and your own actions leading up to the accident will be considered.
To strengthen your slip and fall lawsuit, it is crucial to gather evidence such as photographs of the accident scene, witness statements, medical records, and any other relevant documentation. Consulting with an experienced personal injury attorney who specializes in slip and fall cases can also greatly assist you in navigating the legal process and building a strong case.