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  • Writer's picturePaul Christian

How Comparative Negligence Can Affect Your Slip and Fall Case



If you have suffered a slip and fall accident, it is important to understand how comparative negligence can impact your case. This legal concept involves assigning responsibility for an accident to more than one party, which could significantly affect the outcome of your personal injury case.


In simple terms, if you are found partially responsible for your slip-and-fall accident, you may receive less compensation. However, with the help of an experienced slip-and-fall attorney in the Florida Keys, you can navigate this complex issue and fight for the full compensation you deserve.


So, let's examine comparative negligence in more detail and its potential impact on your slip-and-fall case.


Pure Comparative Negligence Rule


Florida follows a pure comparative negligence rule. This means you can recover damages even if you are 99% at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For example, if you are awarded $10,000 in damages but found to be 60% at fault, your compensation will be reduced by 60%. Thus, you would receive $4,000 instead of the total amount.


This rule allows more people to receive compensation but also requires a thorough understanding of the facts of the case. Your attorney will work to show that other parties share a greater percentage of the blame. This can help you maximize your compensation. Working with a knowledgeable slip-and-fall attorney in the Florida Keys can make a significant difference in the outcome of your case.


Determination of Fault


In a slip-and-fall case, the court will consider the actions of both the property owner and the injured party to determine fault. They will consider whether the property owner did everything necessary to keep the area safe. This includes checking if there were warning signs for wet floors or if maintenance was done regularly. If the property owner failed to meet these responsibilities, they could be found at fault for the accident.


On the other hand, the court will also examine the injured person's actions. They will check if the injured person is being careful and paying attention to their surroundings. If the injured person was distracted or ignored obvious hazards, they could share part of the blame.

The court will then decide what percentage of the fault belongs to each party. This percentage will affect the amount of compensation the injured person receives.


Impact on Insurance Settlements


Insurance companies in Florida often use comparative negligence to their advantage during settlement negotiations. By pointing out any potential fault on your part, they attempt to lower the amount of compensation you can receive. They may argue that you were partially responsible for the slip-and-fall accident, aiming to reduce their liability and payouts. This tactic makes it crucial to have a clear understanding of comparative negligence and how it can influence your case.


Understanding comparative negligence allows you to counter these tactics effectively. With this knowledge, you and your attorney can present a strong argument against the insurance company's claims.


Ready to Hire a Slip-and-Fall Attorney in the Florida Keys?


If you have suffered a slip-and-fall accident, it is best to seek legal representation from an experienced slip-and-fall attorney in the Florida Keys. Contact us now for help!


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