Proving Fault in Slip and Fall Accidents
It is a terrible thing. Not only are you humiliated by falling in public, but you are also looking at medical expenses and being forced to miss work. To top it all off, the attorney on the other side is trying to make it sound like the whole thing was your fault. This is where proving fault in slip and fault accidents becomes very important, and it is even more important to have the right attorney representing you in these kinds of cases. The reality is that it is not easy to prove fault in most slip and fall accidents, and with the advent of comparative negligence, there is always a chance you have to bear some of the responsibility for your injuries and humiliation.
Proving Fault in a Slip and Fall Accident
The basic concept of a personal injury lawsuit is that a person has suffered injury. However, in order for there to be a successful judgment, you have to prove that the other party was responsible for your injury. In other words, the crux of any personal injury accident that involves a slip and fall means proving fault. In order to do this, you not only have to show that the other party was negligent but also that you did not contribute to the negligence nor cause the accident because of your own negligent behavior.
Contributory Negligence in a Slip and Fall Accident
When it comes to proving fault in slip and fall accidents, the first thing we have to deal with is contributory negligence. Essentially, this principle looks at whether or not you had anything to do with the accident and if your actions resulted in the accident. In the event that the judge finds that you were contributory, there is a good chance your entire case will be dismissed. On the other hand, if we are able to prove fault in a slip and fault accident was solely on the other party, you stand a much stronger chance of a good judgment.
Comparative Negligence in a Slip and Fall Accident
Since contributory negligence tends to be a very harsh standard, and it is relevant to proving fault in slip and fall accidents, many states have now adopted a standard that looks at how much your negligence contributed to the slip and fall accident. This is called comparative negligence. In this case, proving fault in slip and fall accidents is more about proving who had a large share of the blame than it is proving that one party or the other had complete blame. Once the court determines who has more negligence in a slip and fall case, the court will then use the percentage of liability to give out an award.