Core Insights
- Compensation is reduced by your percentage of fault.
- Multiple parties, including you, can share fault.
- Insurers try to increase your percentage of fault.
- You may still receive compensation even if partly liable.
- An slip and fall attorney helps pursue fair compensation in a slip-and-fall claim.
Slip-and-fall accidents are common and can happen to anyone, anywhere. From a wet floor at the grocery store to an uneven sidewalk outside a business, falls can result in severe injuries and significant financial losses. While a slip-and-fall claim may seem straightforward, California’s comparative negligence laws can have an impact on the victim’s compensation.
What Is Comparative Negligence?
California follows a pure comparative negligence system, meaning that multiple parties, including the injured person, can share liability for a single slip-and-fall incident. Some states deny compensation if the plaintiff’s fault percentage is 50% or higher. However, in California, plaintiffs may receive compensation even if they are 99% at fault. When comparative negligence applies, the plaintiff’s compensation will be reduced by their percentage of fault.
How Does Comparative Negligence Work in Court?
To better understand comparative negligence, let’s look at a real-world example. A woman in her 50s was shopping at a grocery store, looking at the list on her phone as she walked around. What she didn’t realize was the puddle of water that had collected next to a faulty produce fridge. Despite knowing about the broken fridge, management failed to fix it or put up warning signs. The woman slipped in the puddle and fell onto her back, hitting her head on the tiles.
The fall resulted in a brain bleed and fractures in her spine. She spent several weeks in the hospital and underwent multiple surgeries. Her injuries were so severe that she was unable to work and could no longer work in her chosen career. When she filed a claim for compensation, the grocery store owner’s insurance provider said that she was actually at fault because there was video evidence of her using her phone.
When the case was presented to a jury, they were instructed under CACI No. 405 to reduce the plaintiff’s compensation by her percentage of fault. Negotiations focused on each party’s exact percentage of fault and the severity of the victim’s injuries. Eventually, both parties agreed that the grocery store owner was 70% at fault for failing to keep his store safe, and the plaintiff was 30% at fault for walking around while distracted.
The plaintiff’s total compensation for lost wages, extensive medical care, psychological damages, and permanent disability totaled $1 million. The total was reduced by 30% under comparative negligence law, leaving her with $700,000 in compensatory damages. Fault percentages can vary widely depending on the specific circumstances of the incident, especially when multiple parties are involved.
How Is Each Party’s Percentage of Fault Determined?
Several factors can affect the amount of fault assigned to each person involved in a slip-and-fall case. Everyone has specific responsibilities, which, if neglected, will increase the party’s percentage of fault. For the example above, the shop owner and the woman who fell had unique responsibilities that were not upheld. The property owner was responsible for:
- Maintaining a safe premises
- Performing regular inspections
- Addressing hazards promptly
- Posting proper warning signs
The woman visiting the store was responsible for:
- Paying attention to her surroundings
- Wearing appropriate footwear for the environment
- Heeding the warnings provided by signs
Because the victim was wearing sneakers and there were no signs, her only fault was looking at her phone while walking. The shop owner, however, failed in several duties, which is why they were assigned the majority of the fault.
What Can Affect My Comparative Negligence Fault Percentages?
Insurance adjusters and defense attorneys will carefully scrutinize your actions leading up to the slip-and-fall accident, trying to find any reason to increase your percentage of fault. The careful assessment of your responsibilities, actions, footwear, and behavior after the incident is done to reduce the insurer’s payout and protect their bottom line.
For example, they may claim that the hazard was obvious. Yet under California law, just because a hazard was “open and obvious” doesn’t absolve the property owner of liability. If there is evidence that you were distracted, running, ignoring warnings, or wearing unsafe shoes, the defense can argue that you neglected your responsibilities as a visitor.
Furthermore, if you had no valid reason to be in the area when the incident occurred, it can increase your percentage of fault significantly. If you were in a space for any reason other than its intended purpose, your compensation can be affected. If your negligence can be clearly demonstrated with clear and convincing evidence, your percentage of fault will increase.
Do I Need an Attorney for My Slip and Fall Claim?
Given the variable nature of a claim involving comparative negligence, having experienced legal representation is crucial. A skilled personal injury attorney will provide all the guidance you need to successfully pursue a slip and fall accident claim, even if you are partially responsible. Attorneys are responsible for several important aspects of a personal injury case, including:
- Gathering and preserving crucial evidence
- Interviewing eyewitnesses
- Negotiating with the defense and their insurance providers
- Leveraging expert witnesses
- Countering defense arguments attempting to increase fault percentages
- Taking your case to trial if negotiations fail
If you’ve been injured in a slip-and-fall accident, contact HHJ Trial Attorneys. We provide expert legal representation for victims of negligence. Whether you are 100% innocent or if you share some liability, you still deserve fair compensation. The personal injury claim process can be complex, but with our expert team by your side, you will not have to face it alone. Call us at 619-INJURED to schedule your free case review.
