How Does Comparative Negligence Impact My Slip and Fall in California?

While it might be easy to determine fault in some California slip-and-fall accidents, that’s not always the case. Typically, slip-and-fall accidents are caused by unsafe or risky conditions not corrected by a negligent property owner or manager. However, in some circumstances, these conditions may have been obvious and avoidable.

In this case, the victim may be partially at fault for the accident. However, they may still be entitled to receive compensation, thanks to California’s comparative negligence law in personal injury claims. So, what is California’s comparative negligence law, and how can it impact your slip-and-fall case? Keep reading to find out more.

What Is Comparative Negligence?

Under California’s comparative negligence law, an injured victim can still recover compensation in a slip-and-fall case, even if they are partly to blame for the accident. The court will examine the degree to which each party involved in the slip-and-fall accident contributed to the damages or injuries. This will then be used to calculate the compensation a victim can receive. Generally,

California is a pure comparative fault state, meaning an individual can still be entitled to compensation even if they were as much as 99% at fault for an accident. This principle is known as pure comparative negligence, allowing individuals partially at fault to recover damages, with the amount reduced based on their percentage of fault.

Comparative vs. Contributory Negligence

Contributory negligence is another type of negligence doctrine that may apply to a slip-and-fall personal injury case. Unlike contributory negligence, comparative negligence allows you to receive compensation even if you’re partially to blame. In contributory negligence, the plaintiff cannot recover compensation from the defendant if they are considered partly responsible for the accident.

This means that if the plaintiff was even 1% at fault for their own injury, they are barred from recovering any damages. Most states, including California, replaced this policy with comparative negligence.

When Comparative Negligence Impacts a California Slip-and-Fall Case

Comparative negligence arises when both the plaintiff and the defendant are found to be at least somewhat responsible for the accident. California’s personal injury laws play a crucial role in determining negligence and liability for property owners in such cases. Some of the circumstances that can trigger comparative negligence include:

• When you slip and fall in a store because you are texting on your phone and not paying attention to your surroundings
• You try to climb stairs that are clearly broken
• You trip over a large, clearly visible object
• You try traversing an obviously icy area
• Enter a place that’s clearly under construction

In these circumstances, the court may find that you were partly at fault for the accident. If you win the case, the compensation you receive for your injuries will be reduced based on your percentage of fault.

Determining Fault in a Slip and Fall Case

Determining fault in a slip and fall case is a crucial step in establishing liability and securing compensation for injuries sustained. In California, the concept of comparative negligence plays a significant role in determining fault. Comparative negligence is a doctrine that allows victims to recover compensation even if they are partly to blame for the accident. This means that even if you were partially responsible for your slip and fall, you could still receive compensation for your injuries, though the amount may be reduced based on your level of fault.

Key Factors in Determining Fault

When determining fault in a slip and fall case, several key factors are considered. These include:

• The property owner’s knowledge of the hazard: Did the property owner know or should they have known about the hazardous condition that led to the slip and fall accident?
• The property owner’s actions: Did the property owner take reasonable steps to correct the hazardous condition or warn visitors about it?
• The victim’s actions: Did the victim exercise reasonable care to avoid the hazardous condition, or did they contribute to the accident in some way?
• The circumstances surrounding the accident: Were there any external factors that contributed to the accident, such as inclement weather or poor lighting?

By considering these factors, the court can determine the degree of fault attributed to each party involved in the slip and fall accident. This assessment is essential in calculating the compensation you may be entitled to receive.

Proving Liability in a Slip and Fall Case

Proving liability in a slip and fall case requires establishing that the property owner was negligent in maintaining their premises. This involves demonstrating that the property owner breached their duty of care to provide a safe environment for visitors. Without proving liability, it can be challenging to secure compensation for your injuries.

Legal Definition of Liability

Liability refers to the responsibility of one party for the injuries or damages sustained by another party. In a slip and fall case, liability is typically determined by whether the property owner was negligent in maintaining their premises. Negligence is defined as the failure to exercise reasonable care to prevent harm to others.

To establish liability, the plaintiff must prove that the property owner:

• Had a duty to maintain a safe premises
• Breached that duty by failing to correct a hazardous condition or warn visitors about it
• Caused the plaintiff’s injuries as a result of their breach of duty

By establishing these elements, the plaintiff can prove liability and secure compensation for their injuries. This process underscores the importance of gathering evidence and presenting a strong case to demonstrate the property owner’s negligence.

How Does Comparative Negligence Impact My Slip-and-Fall Case?

When pursuing compensation for the injuries and damages sustained following a slip-and-fall accident, liability is determined based on fault. Typically, you’ll be entitled to receive total compensation that covers damages, such as medical expenses, medical bills, lost wages, and pain and suffering. However, if you’re partially liable, the award is reduced.

Therefore, comparative negligence can impact your slip-and-fall claim by affecting the compensation you can receive. When comparative negligence is at play, the jury will determine the total damages and examine each party’s fault.

They’ll then determine the percentage of fault you have for the accident. If the court finds that you share some of the responsibility for the accident, it will reduce your compensation by the percentage of responsibility. For example, if a jury determines that your slip-and-fall accident claim is worth $100,000 but you were 20% at fault for the accident, your compensation would be reduced to $80,000.

California Slip and Fall Laws

California has specific laws governing slip and fall cases, including the statute of limitations for filing a personal injury lawsuit. Understanding these laws is crucial for anyone involved in a slip and fall accident, as they dictate the timeframe and procedures for seeking compensation.

Statute of Limitations for Slip and Fall Injuries

In California, the statute of limitations for filing a personal injury lawsuit, including slip and fall cases, is two years from the date of the accident. This means that victims have two years from the date of the accident to file a lawsuit against the property owner. If the victim fails to file a lawsuit within this timeframe, they may be barred from seeking compensation for their injuries.

It’s essential for victims to seek medical attention immediately after a slip and fall accident and to consult with a personal injury lawyer to ensure their rights are protected and to maximize their chances of securing compensation. Acting promptly can make a significant difference in the outcome of your case.

How to Build Your Case if Comparative Negligence Might Be an Issue

Typically, the defendant raises the issue of comparative negligence and will be required to prove that the plaintiff’s negligent actions partially caused the accident. In most cases, the defendant and their insurance companies may use comparative negligence to reduce the value of your compensation or blame you for the accident. Therefore, you can help your personal injury case in the following ways:

• Gathering as much evidence as possible: This includes taking photographs and videos of the accident scene and collecting physical evidence, such as pieces of a broken handrail. Enough evidence ensures a bigger percentage of fault is blamed on the defendant.
• Avoid giving statements of any kind: Insurance companies may try to intimidate you into giving statements. You should not give in, as these statements may be used against you in the future.
• Hire an experienced lawyer: Comparative negligence complicates your case, and it’s imperative to have a skilled slip-and-fall lawyer help you build your case and guide you to receiving fair compensation.

With the help of witness statements, expert analysis, and an experienced attorney, you may prove that the defendant’s negligence created the hazardous situation that led to your injuries.

Consult a Skilled California Slip-and-Fall Attorney at Setareh Law 

When a slip-and-fall victim is partially liable for the accident, their financial compensation will be reduced based on the percentage of their fault. Therefore, comparative negligence creates uncertainty in your case, and you may receive compensation that does not adequately cover your damages. That’s why if you’ve been involved in a slip-and-fall accident in California, it is essential to consult with experienced personal injury lawyers who can help you understand your legal rights.

At Setareh Law, our skilled slip-and-fall attorneys can help fight comparative negligence claims. We can help you gather evidence, assess the weaknesses in your claim, and build a solid case to maximize your compensation. Contact us today by calling (310) 659-1826 or scheduling a no-obligation consultation to have the best California slip-and-fall attorneys fighting for your rights.