Slip and fall accidents can cause serious injuries. Determining fault can be complicated, especially when the injured person shares some responsibility for the accident. Comparative negligence law plays a crucial role in deciding how courts award damages.
What is comparative negligence?
Comparative negligence is a legal principle used in personal injury cases to allocate fault when more than one party may have contributed to the accident. Essentially, if you are partially responsible for your injuries, the court may reduce your compensation by the percentage of fault attributed to you.
How does comparative negligence work?
Delaware applies a modified comparative negligence rule that influences how courts decide slip and fall cases. For example, if the court finds you 20% at fault, it will reduce your compensation by 20%. The 50% rule states that if you are 50% or more at fault for the accident, you cannot recover any compensation. This rule ensures that only those less at fault than the other party can receive damages.
Both you and the property owner will present evidence to support your claims. The court will consider factors like the property’s condition, the presence of warning signs, and your actions to determine fault.
Moving forward
Understanding how comparative negligence works is essential for anyone involved in a slip and fall case. While sharing some responsibility for the accident doesn’t automatically disqualify you from receiving compensation, it does affect the amount you may recover.
Carefully evaluating the circumstances of your accident and gathering evidence can help you navigate the complexities of the legal process and better understand your potential outcomes.