State Laws on Shared Fault in Slip and Fall Cases

If you've been injured on someone else's property and you're thinking about bringing a slip a fall claim, be prepared for the property owner -- or their insurance company or attorney -- to argue that you share some amount of legal fault for the accident. Maybe they'll say you weren't paying attention to where you were walking, or that the property hazard was well-marked. Whatever the argument, you need to be prepared to counter it.

You also need to understand how your case might be affected if you're found to share blame for the slip and fall. The answer depends on where you live. In some states, if the claimant is found partially at fault for their slip and fall, the amount of compensation they'll be able to recover  from the property owner will be reduced by a percentage that's equal to their share of fault. In a handful of states, if the injured person bears any level of blame for the slip and fall, they're barred from recovering any compensation at all from the property owner.

To get the details on the shared fault rules in your state, choose a link from the list.



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