If you’ve been injured in a slip and fall accident that requires medical attention, you’re probably wondering if you can seek compensation from the property owner or the city. In most cases, you can, but what happens if you were partly at fault for the slip and fall accident? Does that excuse the property owner of their liability? We explain below.
Slip and Fall Injuries and Fault
Just like you’re going to build your case against the property owner, you can expect the other side to build a case that suggests you are partly at fault for any injuries you may have suffered on their property. In fact, a large portion of slip and fall cases end with the court assigning some portion of blame to both sides. The larger amount of responsibilities assigned to you, the smaller the award you’ll receive.
This is known as “comparative negligence,” and it helps to determine how much compensation you are owed in a matter. For example, let’s say you slipped and fell on someone’s icy sidewalk. The case went to court, where the court saw evidence that suggested the homeowner had ample time to clear their sidewalk, but a witness saw you running on the ice. The court may look at all the facts and determine that you are 25 percent responsible for your slip and fall and the resulting injuries. If damages and medical bills were assessed at $10,000, the court may find that the homeowner owes you 75 percent of that total, or $7,500. In other words, the award you receive will be reduced by an amount equal to the percentage of fault the court determines is yours.
It’s also worth noting that if your level of negligence is higher than the party you are seeking compensation from, you will not be granted an award. For example, if you are found 60 percent at fault, you will not be given 40 percent of a compensation award. You can read more about Minnesota’s comparative negligence law by clicking here.
How Might You Contribute To Your Own Slip And Fall Injury?
If your case goes to court, here are a few examples of how the defendant might try to increase your level of comparative fault:
- Pointing out that you were using a phone or otherwise weren’t paying attention when you fell.
- You were on property that you were not expected to be on.
- The snow was fresh or occurring at the time, and potential danger should have been obvious.
- You were running or ill-equipped to safely traverse the property.
- Signs were posted suggesting potential danger.
- You intentionally slipped in order to collect damages.
- It was unreasonable for a property owner to be expected to maintain that property at that specific time (If freezing rain occurs at midnight, and you slip coming home from the bar at 2 a.m., a property owner is not expected to have cleared their sidewalk in that time).
- You were under the influence of alcohol or other coordination-inhibiting substances.
These are just a few examples of how the defense may try to refute your claim, which is why it is always beneficial to have professional legal assistance in your corner if you’re pursuing a slip and fall case. For more information or to learn about past slip and fall cases we’ve won, contact Hey Workers today.
