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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.

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