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Comparative Negligence in Slip and Fall Claims


If you’ve experienced a slip and fall on someone else’s property, you are most likely able to file a claim through comparative negligence. This is because a landowner has a responsibility to keep their property in a reasonably safe state. A plaintiff can receive compensation when they slip and fall on another person’s property as long as they are not intruders. A landowner is required to keep the ice and snow on their property to a reasonable level.

When attempting to obtain compensation for injuries caused in a slip and fall, things to take into account include:

  1. The severity of the injuries: Only necessary for determining damages. Even if the plaintiff’s pre-existing condition was made worse by the fall, the landowner is still liable. As soon as the plaintiff enters the premises, they must be taken.
  2. The property’s condition: Was the property in a horrible condition, and did the owner of the property know about it?
  3. The statute of limitations states that a lawsuit must be filed before it expires (three years from the date of the fall, or from the time of death caused by the fall due to tolling statutes).
  4. The test for comparative negligence: is relevant when a plaintiff’s compensation is diminished by the percentage of fault they bear for the injuries. A $10,000 damage award, for instance, would only be worth $7,500 to the plaintiff if the landowner was found to be 75% at fault for failing to remedy a dangerous condition on the property and the plaintiff was found to be 25% at fault for failing to pay attention to warning signs or wearing the wrong shoes.
  5. Keep as much evidence as you can: Your case can be strengthened by using images, videos, medical records, medical bills, and even security footage.

By speaking with the landowner’s insurance provider, many of these slip-and-fall instances can be resolved prior to filing a lawsuit. Finding a trustworthy and skilled personal injury lawyer at a law firm who can assist in negotiating a slip and fall case settlement that is in your best interests and the amount you deserve is always in your best advantage. Keep in mind that the insurance companies will arrange for you to talk with one of their own attorneys who defends these claims 24 hours a day. Call our office at 617-444-7777 for access to our free information and a no obligation, free consultation. 

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