How comparative negligence can affect a slip and fall lawsuit in Florida
If a dangerous condition on someone else’s property caused you to slip and fall, you may be able to obtain compensation for your injuries through a lawsuit. Many people in this situation wonder whether they are still entitled to compensation even if they were partly at fault for their own injury.
A slip and fall or similar injury may take place for a variety of reasons, such as a slippery floor, uneven pavement or other dangerous condition. A property owner has the responsibility to exercise care in maintaining the premises in a safe condition or warning of hazards. However, it is not uncommon for the property owner to argue that the injured person is partly at fault for their own injury. This could be because the customer went into an unauthorized area, ignored warning signs or failed to exercise due care in paying sufficient attention to their surroundings.
In the state of Florida, an injured person may recover from a negligent property owner even if the injured person was also negligent. Under the state’s “pure comparative negligence” law, the money damages the injured person receives are reduced by the percentage that the injured person was at fault for their own injury. So if a jury decides that a plaintiff’s damages are worth $100,000, but the plaintiff was 25 percent at fault for their own injury, then the plaintiff will receive $75,000 from the defendant.
It is important to note that determining fault can be more complicated than it might seem. If you were injured and you believe someone else is fully or partially to blame, contact Chalik & Chalik to learn more about your rights.