Comparative Negligence in Slip-and-Fall Accident Lawsuits

  • Slip-and-fall accidents could occur in a number of places. You could be injured at a grocery store, at work, or at a friend’s house, for example. No matter where your injury accident occurred, you could file an injury claim if negligence was involved. 

    But how do you prove negligence? What if your slip-and-fall injury was partially your fault? Can you still file a claim or lawsuit if you were somewhat to blame?

    Understanding Comparative Negligence in Slip-and-Fall Accident Suits

    Comparative negligence is the concept that more than one person could have caused an accident and could be legally responsible for it. The involved parties’ negligence is compared to determine whether a claim could result in compensation.

    For instance, if you were at your friend’s house and you slipped on a spill caused by a leaky faucet, you could have been partially to blame for your accident if you were looking at your phone while walking through the house. However, your friend could be mostly to blame for not fixing the leaky faucet and for not warning you of the danger.

    In this example, you could be assigned with, say, 10 percent of the fault for the accident, while your friend is assigned with 90 percent. You could still seek compensation from your friend for the negligence or fault assigned to them. They could be held liable for your injuries and related losses. 

    Your damages would likely be reduced by the 10 percent of blame you are assigned with. So, if your damages amount to $100,000, you would only receive $90,000 in a settlement.

    Comparative negligence also applies to cases in which many parties are involved in an accident. For example, if you are at a grocery store and you slip on a spill, you might be able to file your claim against more than one negligent party. 

    Say that a third party vendor who was stocking shelves at the grocery store spilled something and didn’t clean it up. Then suppose that one of the store’s workers noticed the spill but was too lazy to clean it. You might be able to sue the third-party vendor as well as the grocery store where your slip-and-fall accident occurred.

    Is It Important to File a Lawsuit for a Slip-and-Fall Accident?

    If someone caused your slip-and-fall injury, you might be thinking about filing an injury lawsuit. You are likely wondering what the benefits of filing a lawsuit are. For starters, you could be awarded financial compensation to pay for the accident-related losses you are dealing with. In addition, the settlement could account for your pain and suffering.

    It’s your decision whether to file a claim or lawsuit, but it could be beneficial to you. If you’re worried about filing a case because it seems difficult, a lawyer can help.

    Consult a Slip-and-Fall Accident Lawyer

    Slip-and-fall accidents could lead to serious injuries, such as head injuries, broken bones, and organ damage. You might need a settlement to pay for medical costs, lost wages, and other related issues. 

    Contact Will Ferguson & Associates by dialing 505-633-0750 and receive a free case consultation with an Albuquerque personal injury lawyer. You can also go to our website, where you’ll find more information about our firm and about filing a claim.