What is the likelihood that the plaintiff may be held to be contributorily negligent?
In some slip and fall cases, it is possible that the plaintiff’s negligence contributed to the accident. A plaintiff’s negligence may be determined by whether or not the plaintiff had a legitimate reason for being in the area of the dangerous surface.
One may also decide whether a plaintiff was careless based on whether a cautious person would have noticed the dangerous surface and taken steps to avoid it.
If there were warning signs indicating that the surface was dangerous, and such signs were in plain view, then the plaintiff may be held liable for not noticing and adhering to the warnings. However, if the signs were hidden, or not clearly visible, then the plaintiff may not be held to be at fault. Furthermore, if the plaintiff was engaging in behavior that distracted him or her from noticing the dangerous condition, then the plaintiff may be determined to be contributorily negligent.
More Slip & Fall FAQs:
- Can a plaintiff succeed in a slip and fall lawsuit by proving that a building owner violated a building code?
- Can an employee file a lawsuit against an employer for a slip and fall accident?
- How are department stores and shopping malls liable for slip and fall accidents?
- How can a business be held liable for slip and fall accidents?
- How can a property owner be held liable to a trespasser?
- How can nursing homes be liable for slip and fall accidents?
- How can one build a strong slip and fall personal injury claim when dealing with insurance adjusters?
- How can owners of swimming pools be held liable for slip and fall accidents?
- How do slip and fall accidents affect the elderly?
- How does one prove liability in a slip and fall accident?
- In a slip and fall personal injury claim, what kind of photographic evidence is useful?
- Is a department store liable to a customer who slips and falls on the premises?
- Is a homeowner liable to a guest who slips and falls at the home?
- What are some of the more common types of slip and fall accidents?
- What if someone slips and falls on property owned by a close friend or family member?
- What is the definition of premises liability?
- What is the likelihood that the plaintiff may be held to be contributorily negligent?
- Who is liable if someone is injured from a slip and fall at a rental property?
- Who is Responsible for Florida Slip and Fall Injuries?