Understanding Comparative Negligence In Slip And Fall Accidents

While not all slip and fall accidents result in filing a claim in Alaska, most do. The state law allows the person who has suffered injuries in a slip and fall accident to seek redress. But what happens if the plaintiff is partly to blame. How does one go about such kind of a claim? When the plaintiff is partly to blame, this is termed as comparative negligence. Different states have unique views when it comes to comparative negligence. Alaska is not an exception. If you have been injured in a slip and fall accident, you need to file a premises liability claim. But you need to be aware that it is more likely that the property owner will also claim you’re to blame for the accident. Knowing how comparative negligence can affect your claim will go a long way in helping you fight for your rights.

What is Comparative Negligence?

Comparative negligence is a rule that dictates that a plaintiff is not to be entitled to the full payment in case of an injury, due to the degree to which they are to blame. Meaning, the plaintiff and the defendant’s negligence have to be weighed. It’s not easy to determine fault in a slip and fall accident. Such cases require the help of the best Anchorage Lawyer to counter the arguments. For you to win your case, you need to prove that the property owner is to blame for your injuries. The evidence must be related to negligence of maintenance or ownership of the property. But this doesn’t mean that simply because you fell off someone’s property, they are to be liable. For you to prove the property owner was negligent in a slip and fall accident, you need to provide evidence that:

• The property owner knew about the dangerous space but did nothing about it.

• The property owner caused the place to be dangerous such as the spilling of soapy water and did nothing about it.

• The premises owner would have known of the danger at hand since a reasonable man in such a state would have discovered the danger and rectified it.

The above shows that the judge or jury decides comparative negligence cases by common sense. Thus, it requires an experienced lawyer to show that the owner was not careful to keep his/her premises safe, and as a result, you suffered injuries. The lawyer may come up with arguments such as:

Was there any warning on the dangerous surface to prevent people from slipping?

Was there a reasonable time for the owner to have rectified the mistake?

Does the owner have workers who regularly clean and would have noticed the danger?

If the above answers seem to be in your favor, the chances are that you may be entitled to reasonable compensation.

How Will Comparative Negligence Apply To My Case?

Comparative negligence doesn’t bar recovery. You will still be entitled to recovery for your injuries. However, the awarded damages will be reduced to an amount equal to your percentage of fault. That’s why you need to have a strong case to ensure the court doesn’t recover a big chunk of your money. There are several ways in which a defendant may place blame on you. For instance, the property owner may argue that you were no wearing the right kind of shoes for the pavement and you knew the area was slippery, or you were using your phone while walking and never paid attention. Typically, the defendant has to show that you did something wrong to cause your own injuries. All in all, for there to be a valid claim, your lawyer has to determine the degree to which you may have contributed to your injuries. Some of the questions that may arise include:

• Did you adhere to the warning given if at all they were present?

• Were you careful enough to have spotted the dangerous surface and tried by all means to avoid it?

• Do you have any reason to show that the owner should have known the place or spot was dangerous?

Can A Lawyer Help Build My Case?

To be compensated, the insurance adjuster will want to prove that you were not careless to cause your injuries. This may be a daunting task for anyone who doesn’t know the law. Your carelessness means a lot in any slip and fall accident. If you are partly to blame, the jury will assign a certain percentage to your case. But it’s up to you to present the right evidence. Whether your case may settle outside of court or at trial, you need some legal advice to know how to handle your situation. An experienced lawyer can visit the site of the accident or look for credible witness testimony to protect your rights. To have a better understanding of how comparative negligence may work in your case, you may consult a slip and fall accident lawyer.