After any kind of slip and fall incident in Florida, you might have several options for getting compensation for your injuries, income losses, and your mental and physical pain and suffering (taken together, these losses are called "damages" in legalese). For example:
In the insurance claim process, your goal is to come away with a settlement that covers all of the costs (economic or otherwise) of your slip and fall injuries. And even if your slip and fall case ends up in Florida court, a settlement is always possible at any point before trial (the vast majority of injury cases settle, after all).
Check out our example of a slip and fall settlement in Florida, and get more details on making a successful slip and fall case:
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. Miss the deadline, and your case is sure to be dismissed, unless a rare exception applies to alter or extend the filing window. (Talk to an attorney for the details on these exceptions in Florida, and for more information on how the statute of limitations applies to your case.)
In Florida, anyone who is injured in a slip and fall must get their lawsuit filed against the property owner within two years of the incident. This deadline—for lawsuits based on negligence—is found at Florida Statutes section 95.11(4)(a), and it applies to almost all personal injury cases brought in Florida's civil courts. (Learn more about negligence and fault for an accident.)
From a strategy standpoint, you want to leave yourself plenty of time to file a slip and fall lawsuit, even if you’re confident your injury claim will settle. At the very least, having the option of going to court will give you more leverage during settlement talks.
Before you file an insurance claim or lawsuit over your slip and fall, prepare yourself to hear the property owner argue that you bear some amount of blame for the accident. If this tactic is successful, you could see a significant chunk of any court award taken away (and a finding of shared fault will also likely reduce the value of your slip and fall claim even if you settle out of court).
For example, the property owner could argue that:
In the rare event that your Florida slip and fall case makes it to a court trial, the state's "pure comparative negligence rule" will be used to determine your share of legal blame for your accident, and how much compensation you can still receive from the property owner.
Under "pure comparative negligence," any damages award a personal injury plaintiff receives will be reduced according to the percentage of their fault for the underlying accident. So, let's say the jury finds that:
That will leave the property owner on the hook for $8,500 (that’s the original $10,000 minus the 15 percent that equates with your share of fault).
Even if your Florida slip and fall case doesn’t make it to trial—even if a lawsuit isn’t actually filed, for that matter—the state's comparative negligence rule will likely still factor in. During settlement negotiations, the property owner’s insurance company (and/or their attorney) are concerned with what might happen if your case does wind up in court.
So you can expect any slip and fall settlement offer from the other side to reflect their view of your role in causing your own injuries, seen through the lens of Florida’s shared fault rules. That’s why it's so important to make a strong liability case against the property owner.
Learn more about comparative negligence in slip and fall cases.
A unique set of rules (and deadlines) will apply if your slip and fall occurred on government property in Florida, or if the negligence of the government (or a government employee) otherwise played a part in your injury. You'll need to provide the relevant government agency with proper notice of your claim, and most injury claims are subject to a $200,000 damages cap. Learn more about making an injury claim against the government in Florida.
It's important to understand the rules that might be in play any time you're hurt on someone else's property. But when it comes to making sure your rights are protected, one-size-fits-all information can only do so much. For help that's tailored to your situation, it might be time to reach out to an experienced legal professional.
Learn how an attorney can help after an accident or injury, and how to find the right personal injury lawyer.
]]>After any kind of slip and fall incident in California, you might have several options for getting compensation for your injuries, out-of-pocket losses, and other harm (these losses are called "damages" in legalese). For example:
Your goal in the insurance claim process is to come away with a fair settlement that covers the cost and impact of your slip and fall injuries and related losses. But keep in mind that even if your slip and fall case ends up in court, it can still reach a settlement at any point before trial (the vast majority of injury cases settle, after all).
To learn more about how these cases usually play out, check out our example of a slip and fall settlement in California, and get more details on making a successful slip and fall case:
A statute of limitations is a state law that puts a time limit on your right to have a lawsuit heard by the state’s court system. The time limits vary depending on the kind of case you want to file.
As in most states, the statute of limitations that will affect a slip and fall injury claim in California is the same as the larger one that applies to most personal injury cases filed in the state’s civil court system. Specifically, California Code of Civil Procedure section 335.1 sets a two year deadline for the filing of "an action for...injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
So, if you want to file a personal injury lawsuit over a slip and fall, you have two years to get the case started in California's court system.
For more details on the statute of limitations, including exceptions that might effectively extend the filing deadline in California, check out our discussion of California personal injury laws.
If your slip and fall injury was caused by the carelessness of a government employee in California—you tripped and fell on a broken section of city-owned sidewalk, or in the DMV parking lot, for example—any claim you file will probably need to follow a special set of rules:
Learn more about filing a claim under the California Tort Claims Act.
Before you decide to file an insurance claim or lawsuit over your slip and fall, it's a good idea to anticipate the property owner's argument that your own negligence played a part in causing your accident.
It's important to be ready to counter this argument, because under California's "pure comparative negligence" rule you could see a significant chunk of any court award taken away (and a finding of shared fault will also likely reduce the value of your settlement).
Learn more about comparative negligence in slip and fall cases.
Any time you're hurt on someone else's property, it's important to understand the big picture—including whether the property owner or someone else might be legally responsible for your injuries—and to make sure your rights are protected. Discussing your situation with an experienced legal professional might be a good next step.
Learn more about how an attorney can help after an accident or injury, and get tips on finding the right personal injury lawyer for you and your case.
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of New Jersey laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. If you attempt to file your slip and fall lawsuit after the deadline has passed, the property owner will surely bring that fact to the court’s attention, and the court will almost certainly dismiss your case. (Note: In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in New Jersey.)
As in most states, the statute of limitations that will affect a slip and fall injury claim in New Jersey is the same as the larger one that applies to most personal injury cases brought in the state's courts. Specifically, New Jersey Statutes section 2A:14-2 says: "Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued."
In plain English, that means you must get your slip and fall lawsuit filed in court against the property owner within two years of the incident’s occurrence. (Note: The success or failure of the case will most likely turn on whether you can prove that the property owner’s negligence caused your accident. Learn more about proving fault for a slip and fall accident.)
If you want to file a lawsuit over any property damage that resulted from the slip and fall accident -- maybe you broke an expensive watch when you fell -- the statute of limitations for "for any tortious injury to real or personal property" (that's from New Jersey Statutes section 2A:14-1) gives you six years to get the case started.
Even if you're confident that your injury claim will settle, you want to leave yourself plenty of time to file a slip and fall lawsuit. Having the option of going to court will give you more leverage during settlement talks.
If you're making an injury claim against the property owner responsible for your slip and fall in New Jersey, be prepared to hear the other side argue that you bear some amount of responsibility for what happened. And if the argument is successful, any settlement or court award you receive could be significantly lower than it might have been.
What arguments can you expect to hear from the property owner? Here are a few examples:
New Jersey Statutes section 2A:15-5.1 says that an injured person’s own negligence will not act as a bar to recovery against other parties as long as the injured person's share of the blame is no higher than 50 percent. The practical effect of all of this if that any damages award you receive from the court will be reduced by an amount equal to the percentage of fault that’s determined to be yours. (New Jersey juries must typically assign a percentage to each party’s liability in a personal injury case.)
So, let’s say the jury finds that you are 25 percent responsible for your slip and fall, and your damages (including medical bills, lost income, pain and suffering, and other losses) total $20,000. That will leave the property owner or other defendant(s) on the hook for $15,000 (your $20,000 total damages minus your 25 percent share of fault for the accident, or $5,000).
Even if your case doesn’t make it to trial, New Jersey’s comparative negligence rule will still be a factor. During settlement negotiations, the property owner’s insurance company (and/or their attorney) are concerned with what might happen if your case does wind up in court. So you can expect any settlement offer to reflect the other side’s view of the part you played in causing or contributing to the slip and fall. That’s why it’s so important to make a strong case against the property owner.
Learn more about comparative negligence in slip and fall cases.
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of Arizona laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. Specific time limits vary depending on the kind of case you want to file.
In Arizona, the statute of limitations that affects slip and fall lawsuits is the same as the larger one that applies to all personal injury cases. Specifically, Arizona Revised Statutes section 12-542 sets a two-year deadline for the filing of any civil case seeking a remedy "for injuries done to the person of another," and "for injuries done to the person of another when death ensues from such injuries."
As for when the "clock" starts running for purposes of the statute of limitations, it depends on whether the slip and accident resulted in injury or in death. If anyone was injured, they must get their lawsuit filed within two years of the date on which the slip and fall occurred. But if someone dies as a result of a slip and fall accident and their family brings a wrongful death lawsuit, the "clock" starts on the date of the person's death (that date could be different from the date of the slip and fall itself).
In some rare situations the clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Arizona.
You’re probably wondering what happens if you don’t get your slip and fall lawsuit started before the deadline passes. In that situation, you can count on the property owner (or whoever you’re trying to sue) asking the court to dismiss the case. The court is almost sure to grant the dismissal, unless some rare exception applies. That’s why it’s so crucial to understand the statute of limitations and abide by the time limit as it applies to your specific situation.
Remember that your slip and fall case will hinge on whether or not the property owner took reasonable steps to keep the property safe and/or to prevent your accident from occurring. In other words, the key questions are: Was the property owner negligent? And, did that negligence cause your slip and fall accident? Learn more about fault for a slip and fall accident.
If you're making an injury claim against the property owner responsible for your slip and fall in Arizona, be prepared to hear the other side argue that you bear some amount of responsibility for what happened. And if the argument is successful, any settlement or court award you receive could be significantly lower than it might have been.
What arguments can you expect to hear from the property owner? Here are a few examples:
Now for the legalese: Arizona Revised Statutes section 12-2505 says that when the plaintiff in a personal injury case (like one filed after a slip and fall injury) is found to share some amount of blame for the underlying accident, “the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault which is a proximate cause of the injury or death, if any.”
In plain English, that means even if you are the plaintiff in a personal injury case and you are found partly at fault for what happened, you can still get compensation from the property owner and/or any other party who is also at fault. The practical effect of Arizona's "comparative negligence" rule is that any damages award you receive from the court will be reduced by an amount equal to your share of negligence in connection with the accident.
So, let’s say the jury finds that you are 25 percent responsible for your slip and fall, and your damages (including medical bills, lost income, pain and suffering, and other losses) total $20,000. That will leave the property owner or other defendant(s) on the hook for $15,000 (your $20,000 total damages minus your 25 percent share of fault for the accident, or $5,000).
Even if your case doesn’t make it to trial, Arizona’s comparative negligence rule will still be a factor. During settlement negotiations, the property owner’s insurance company (and/or their attorney) are concerned with what might happen if your case does wind up in court. So you can expect any settlement offer to reflect the other side’s view of the part you played in causing or contributing to the slip and fall.
Learn more about comparative negligence in slip and fall cases.
]]>A number of Iowa laws and legal rules will almost certainly affect any lawsuit you decide to file over your slip and fall. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit in Iowa's court system, and the state's "comparative negligence" rule, which can limit your right to recover compensation if you bear some amount of responsibility for the accident.
Even if you're pretty sure your case will reach a personal injury settlement out of court, you still need to keep these state laws in mind, so read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in a state's civil court system. Specific time limits vary depending on the kind of case you want to file.
Iowa Code section 614.1 sets the statute of limitations that will apply to almost all injury lawsuits arising from a slip and fall (and most other personal injury cases). This law gives you two years to ask Iowa’s civil court system for a remedy for any kind of personal injury that may have been caused by someone else.
So, in the context of a slip and fall, you have two years to file a civil lawsuit against the property owner or other party who was responsible for the condition of the property on which you were injured, and the "clock" starts running on the date of the accident.
What if you only had your personal property damaged as a result of the slip and fall (maybe you broke an expensive watch or phone but were uninjured)? Any lawsuit seeking the repair or replacement of damaged property must be filed within five years of the date of the accident, and that time limit can also be found in Iowa Code section 614.1.
Whether your slip and fall lawsuit is for injury or property damage, the success or failure of the case will most likely turn on whether you can prove that the defendant failed to take reasonable steps to keep the property safe and to prevent your accident. Learn more about premises liability and proving fault for a slip and fall.
If you don't get your slip and fall lawsuit filed before the deadline passes, you can count on the property owner asking the court to dismiss the case once you do try to file it. In some rare instances, the statute of limitations clock may pause or "toll," giving you more time to get your lawsuit started. Talk to a personal injury attorney for the details on these exceptions in Iowa, and whether they might apply to your situation, especially if you’re running up against the filing deadline.
You're making a slip and fall claim, only to hear the property owner argue that you bear some amount of responsibility for the accident. It's a common tactic in every state, Iowa included. And if some of the legal fault is pinned on you, any court award you receive could be significantly lower than it might have been, or you may end up with no compensation at all.
If your Iowa slip and fall case makes it to court, the state's "comparative negligence" rule will determine how much compensation you can still receive if you were at all negligent in connection with the accident. You can find this rule codified at Iowa Code section 668.3, which says: "Contributory fault shall not bar recovery in an action by a claimant to recover damages for fault resulting in death or in injury to person or property unless the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the defendants, ... but any damages allowed shall be diminished in proportion to the amount of fault attributable to the claimant."
Translation: In any Iowa personal injury case where the plaintiff is found to be at fault, that person can still get compensation for their injuries, as long as their share of liability does not exceed 50 percent. If it does exceed 50 percent, then the plaintiff can’t recover anything at all.
So, let's say the jury finds that you are 30 percent responsible for your slip and fall. They also find that your damages (including your medical bills, lost income, and “pain and suffering”) total $10,000. That will leave the property owner on the hook for $7,000 (that’s the original $10,000 minus the 30 percent that represents your share of fault).
So, what kind of arguments can you expect to hear from the property owner? Some common allegations include:
Even if your case doesn’t make it to trial -- even if a lawsuit isn’t actually filed, for that matter -- Iowa’s comparative negligence rule will still be a factor. After all, during settlement negotiations, the other side is concerned with what might happen if your case does wind up in court. So you can expect any settlement offer to reflect their view of the part you played in causing the slip and fall.
Learn more about comparative negligence in slip and fall cases.
]]>A number of Connecticut laws and legal rules will almost certainly affect any lawsuit you decide to file over your slip and fall. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit in the Connecticut court system, and the state's "comparative negligence" rule, which can limit your right to recover compensation if you bear some amount of responsibility for the accident. Even if you're pretty sure your case will reach a personal injury settlement out of court, you still need to keep these state laws in mind, so read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in a state's civil court system. Specific time limits vary depending on the kind of case you want to file.
As with the majority of states, the statute of limitations that applies to a slip and fall case in Connecticut is the same one that applies to any kind of personal injury case. Specifically, General Statutes of Connecticut section 52-584 says: "No action to recover damages for injury to the person, or to real or personal property, caused by negligence, or by reckless or wanton misconduct…shall be brought but within two years from the date when the injury is first sustained."
In plain English, and in the context of a slip and fall accident, if you think the owner of the private or commercial property where the accident occurred is responsible for your injuries, you must get any lawsuit filed against that person (or business) within two years, and the "clock" starts running on the date the slip and fall occurred.
And, reading the language of section 52-584, that same two-year deadline applies if your personal property was damaged -- let’s say you broke an expensive watch when you fell, for example -- and you want to file a lawsuit asking for the repair or replacement of that property.
Whether your slip and fall lawsuit is for injury or property damage, the success or failure of the case will most likely turn on whether you can prove that the defendant failed to take reasonable steps to keep the property safe and to prevent your accident. Learn more about premises liability and proving fault for a slip and fall.
What if you don't get your slip and fall lawsuit filed before the statutory deadline passes? The property owner will ask the court to dismiss the case once you do try to file it, and the court will almost certainly grant the dismissal. In some rare instances, the statute of limitations clock may pause or "toll," giving you more time to get your lawsuit started. Talk to a personal injury attorney for the details on these exceptions in Connecticut, and whether they might apply to your situation.
You’re making a slip and fall claim, only to hear the property owner argue that you bear some amount of responsibility for the accident. What's this all about?
If your Connecticut slip and fall case makes it to court, the state's "modified comparative negligence" rule will be used to determine how much compensation (if any) you can still receive from the property owner if you were at all negligent in connection with the accident.
This rule is codified in General Statutes of Connecticut section 52-572h(b), which says: "In causes of action based on negligence, contributory negligence shall not bar recovery in an action…to recover damages resulting from personal injury, wrongful death or damage to property if the negligence was not greater than the combined negligence of the person or persons against whom recovery is sough … The economic or noneconomic damages allowed shall be diminished in the proportion of the percentage of negligence attributable to the person recovering."
In other words, in any Connecticut personal injury lawsuit, if the plaintiff is deemed at fault, they can still get compensation from other responsible parties, as long as the plaintiff's share of liability does not exceed 50 percent. If it does exceed 50 percent, then the plaintiff can't recover anything at all.
So, let's say the jury finds that you are 20 percent responsible for your slip and fall. They also find that your damages (including your medical bills, lost income, and "pain and suffering") total $40,000. That will leave the property owner on the hook for $32,000 (that’s the original $40,000 minus the 20 percent that represents your share of fault).
Even if your case doesn’t make it to trial -- even if a lawsuit isn’t actually filed, for that matter -- Connecticut's comparative negligence rule will still be a factor. During settlement negotiations, the property owner's insurance company (and/or their attorney) are concerned with what might happen if your case does wind up in court. So you can expect any settlement offer to reflect the other side's view of the part you played in causing or contributing to the slip and fall. That's why it's so important to make a strong case against the property owner.
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of Maryland laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and harsh "shared fault" rules that can effectively wipe out your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. If you attempt to file your slip and fall lawsuit after the deadline has passed, the property owner will surely bring that fact to the court’s attention, and the court will almost certainly dismiss your case. (Note: In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Maryland.)
As in most states, the statute of limitations that will affect a slip and fall lawsuit in Maryland is the same as the larger one that applies to most personal injury claims. Specifically, Maryland Courts & Judicial Proceedings Code section 5-101 says that a civil lawsuit for personal injury "shall be filed within three years from the date it accrues."
That’s just another way of saying that a plaintiff has three years to get the initial complaint filed in court, and the "clock" starts running on the date of the injury. (Note: In rare situations where someone dies as a result of a slip and fall, and their family or a representative of the estate wants to file a wrongful death lawsuit, the deadline is still three years in Maryland, but the "clock" starts on the date of the person’s death, which can be different from the date of the slip and fall accident itself.)
The same three-year deadline applies if you only incurred property damage as a result of your slip and fall in Maryland -- maybe you were uninjured but you broke an expensive watch when you fell -- and you want to ask a court to order the defendant to pay for the repair or replacement of the property.
No matter the specific facts of your slip and fall accident, the success or failure of your case will most likely depend on your ability to prove that the defendant failed to take reasonable steps to keep the property safe, and to prevent your accident. Learn more about proving fault for a slip and fall accident.
If you're making an injury claim against the property owner responsible for your slip and fall, be prepared to hear the other side argue that you bear some amount of responsibility for what happened. This is true no matter where you live. But in Maryland, it’s particularly critical that you (and your attorney) shoot down any such argument with strong evidence of your own. That’s because if your Maryland slip and fall case goes to trial and the property owner is able to pin any amount of the legal blame for the slip and fall on you, you'll likely end up without any compensation at all.
Most states follow some variation of a rule known as “comparative negligence” in personal injury cases where the person who is bringing the lawsuit (the plaintiff) also bears some amount of legal fault for what happened. Under this rule, any damages award the plaintiff receives will be reduced according to the percentage of their fault. But Maryland is one of a handful of states that doesn’t follow "comparative negligence." Instead, the much less plaintiff-friendly "contributory negligence" rule is still employed in Maryland personal injury cases.
Under "contributory negligence," if the plaintiff is found to bear any amount of blame for the underlying accident, then the plaintiff can’t recover any damages (compensation) from any other at-fault party. Not surprisingly, that can lead to some pretty harsh results for personal injury plaintiffs.
In attempting to pin some amount of legal liability on you, the property owner could claim that:
If your case doesn’t make it to trial -- even if a slip and fall lawsuit isn’t actually filed, for that matter -- Maryland’s contributory negligence rule will still be a factor. During settlement negotiations, the property owner’s insurance company (and/or their attorney) knows that if your case winds up in court, you stand a significant chance of walking away with nothing if they can saddle you with any share of the blame. So it becomes that much more important to make a strong case showing that the property owner’s negligence was the sole cause of your slip and fall. Learn more about comparative negligence in slip and fall cases.
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of Missouri laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and the "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in a state's civil court system. Specific time limits vary depending on the kind of case you want to file.
As in most states, the statute of limitations that will affect a slip and fall injury claim in Missouri is the same as the larger one that applies to most personal injury cases brought in the state’s courts. Specifically, Missouri Revised Statutes section 516.0120 says that any lawsuit for “injury to the person or rights of another” must be filed within five years of the date of the underlying incident. That means you must get your slip and fall lawsuit filed against the property owner within five years of the incident’s occurrence.
The five-year deadline set by section 516.0120 also applies If you want to file a lawsuit over any property damage that resulted from the slip and fall accident -- maybe you broke an expensive watch when you fell, for example.
Whatever the factual basis for the claim, the success of your slip and fall case will almost certainly hinge on whether the property owner’s negligence was the cause of your accident. A number of considerations come into play in making this kind of determination. Learn more about proving fault for a slip and fall.
If you try to file your slip and fall lawsuit after the deadline set by the statute of limitations has passed, the person you're trying to sue will bring that fact to the court’s attention, and the court will almost certainly grant a motion to dismiss your case. That’s why it’s critical to understand how this law applies to your situation. (In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Missouri).
You’re making a slip and fall claim, only to hear the property owner argue that you bear some amount of responsibility for the accident. It’s a common tactic in every slip and fall case in every state, and Missouri is no exception. And if the property owner is successful in pinning some of the legal blame on you, any settlement or court award you receive could be significantly lower than it might have been, or you may end up with no compensation at all.
There are a number of arguments that the property owner can make in attempting to pin some or all of the blame on you, including:
Regardless of the specific argument the property owner makes, if your Missouri slip and fall case makes it to court, the state’s “pure comparative negligence rule” will be employed to determine how much compensation you can still receive from the property owner.
Under this rule, any damages award you receive will be reduced according to the percentage of your fault. So, let’s say the jury finds that you are 30 percent to blame for your slip and fall accident. They also find that your damages total $10,000 (your damages include your medical bills, your lost income, your "pain and suffering" in connection with your injuries, and other losses). In that situation the property owner will only be on the hook for $7,000 (that’s the original $10,000 minus the 30 percent that equates with your share of fault).
That’s how shared fault works in Missouri personal injury cases. If your slip and fall case makes it all the way to trial, the jury will be asked to make a finding as to fault, that fault finding will be applied to the total amount of your damages, and the amount that the property owner is ordered to pay will be reduced accordingly.
And even if your case doesn’t make it to trial -- even if a lawsuit isn’t actually filed, for that matter -- Missouri’s comparative negligence rule will still be a factor. During personal injury settlement negotiations, the property owner’s insurance company (and/or their attorney) will have these shared fault rules in mind. They’re concerned with what might happen if your case does wind up in court, after all. So you can expect any settlement offer to reflect the other side’s view of the role you may have played in causing or contributing to your own injuries. That’s why it’s so important to make a strong case against the property owner.
(Learn more about comparative negligence in slip and fall cases.)
]]>A number of Nebraska laws will almost certainly affect any lawsuit you decide to file over your slip and fall. Two of the most important of these are the statute of limitations deadline for filing a slip and fall case in Nebraska's court system, and the state's "comparative negligence" rule, which can limit your right to recover compensation if you bear some amount of responsibility for the accident. Even if you're pretty sure your case will reach a personal injury settlement out of court, you still need to keep these state laws in mind, so read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in a state's civil court system. Specific time limits vary depending on the kind of case you want to file.
Nebraska Revised Statute 25-207 sets out the statute of limitations that will apply to almost any lawsuit arising from a slip and fall accident. This law gives a prospective plaintiff four years to ask the state courts for a civil remedy for most personal injuries, or when damage is done to personal property.
So, in the context of a slip and fall, if you want to file a civil lawsuit against the property owner or some other party who was responsible for the condition of the property on which you were injured, that lawsuit will be subject to the four-year filing deadline set by section 25-207. That same deadline applies whether you are injured, or only had your personal property damaged as a result of the slip and fall (maybe you broke an expensive watch or phone but were unhurt).
In either kind of case -- whether the lawsuit is for injury or property damage, or both -- the "clock" starts running on the date of the slip and fall, and the success or failure of your case will most likely turn on whether you can prove that the defendant failed to take reasonable steps to keep the property safe and to prevent your accident. Learn more about premises liability and proving fault for a slip and fall.
What if you don't get your slip and fall lawsuit filed before the statutory deadline passes? In that situation, the property owner will ask the court to dismiss the case once you do try to file it, and the court will almost certainly grant the dismissal. In some rare instances, the statute of limitations clock may pause or "toll," giving you more time to get your lawsuit started. Talk to a personal injury attorney for the details on these exceptions in Nebraska, and whether they might apply to your situation.
If you're thinking about making a claim against a property owner for injuries suffered in a slip and fall, be prepared to hear the other side argue that you bear some amount of responsibility for what happened. That’s true in any state, and Nebraska is no exception. And any court award you receive could be significantly lower than it might have been if the property owner successfully pins some of the blame on you. In some situations your court award could be eliminated altogether if you’re found to share enough of the liability.
It’s important to note that even if your slip and fall case doesn’t make it to trial -- even if a lawsuit isn’t filed, for that matter -- Nebraska's shared fault rules will likely still play a part. During settlement negotiations, the other side is concerned with what might happen if your slip and fall case does wind up in court, so any settlement offer will reflect their view of the part you played in causing or contributing to your injuries. (By "other side" we mean the property owner, their homeowners' insurance company, and/or their attorney.)
When the plaintiff in a personal injury case (like a slip and fall lawsuit) is found to share some amount of blame for the underlying accident in Nebraska, the law that provides the basis for this "shared fault" argument is Nebraska Revised Statute 25-21, 185.09, which says: "Any contributory negligence chargeable to the claimant shall diminish proportionately the amount awarded as damages for an injury attributable to the claimant's contributory negligence but shall not bar recovery, except that if the contributory negligence of the claimant is equal to or greater than the total negligence of all persons against whom recovery is sought, the claimant shall be totally barred from recovery."
Let's translate that into plain English: Even if a jury deems you partly to blame for your slip and fall, you can still get compensation from the property owner. But any damages award you receive from the court will be reduced by an amount equal to the percentage of fault that’s determined to be yours. And, it’s important to point out that if your share of liability is deemed to be equal to or greater than that of the property owner, under Nebraska law, you can’t recover any compensation at all at trial. That’s why it’s so important to establish that the property owner is solely to blame for your injuries.
So, for example, if you are found to be 25 percent at fault for causing your slip and fall, and your damages (medical bills and other losses) total $10,000, you’ll only receive $7,500 from the property owner (that’s $10,000 minus 25 percent). Learn more about comparative negligence in slip and fall cases.
]]>Whether you decide to file an insurance claim, or take the matter directly to court via a personal injury lawsuit, a number of Michigan laws will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. Try to file your slip and fall lawsuit after the deadline has passed, and the property owner will surely bring that fact to the court’s attention, and the court will almost certainly dismiss your case. (Note: In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Michigan.)
As is true in most states, the statute of limitations that affects slip and fall cases in Michigan is the same as the larger one that applies to all personal injury lawsuits filed in the state’s civil courts. Specifically, Michigan Compiled Laws section 600.5805 says that "the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property."
That three-year deadline covers a broad range of potential lawsuits, including a claim for injury after a slip and fall on someone else’s property, as well as a property damage lawsuit stemming from a slip and fall (maybe you were uninjured when you fell, but you broke an expensive watch and you want the property owner to replace it). Keep in mind that the three-year “clock" starts running on the date of the slip and fall accident, and there’s no pause button for weekends or holidays.
Whether it’s an injury lawsuit or one based on property damage, a slip and case will almost certainly hinge on whether the property owner’s negligence was the cause of your accident. A number of considerations come into play in making this kind of determination. Learn more about proving fault for a slip and fall.
Even if you're confident that your injury claim will settle, you want to leave yourself plenty of time to file a slip and fall lawsuit. Having the option of going to court will give you more leverage during settlement talks.
If you’re making an injury claim against the property owner who may be responsible for your slip and fall, be prepared to hear the other side argue that you bear some amount of responsibility for what happened. If this argument is successful, any settlement or court award you receive could be significantly lower than it might have been.
What arguments can you expect to hear from the property owner? Some examples:
If your Michigan slip and fall case makes it to court, the state's "modified comparative negligence" rule will determine how much compensation (if any) you can still receive from the property owner if you were at all negligent. Any damages award you receive from the court will be reduced by an amount equal to the percentage of fault that’s determined to be yours.
So, let’s say the jury finds that you are 10 percent responsible for your slip and fall, and your damages total $30,000. That will leave the defendant on the hook for $27,000 (your $30,000 total damages minus your 10 percent share of fault for the accident, or $3,000).
One important wrinkle in Michigan’s comparative fault statute (which you can find at Michigan Compiled Laws section 600.2959) says that if you're found to be more than 50 percent at fault for the accident, when compared with the liability of all other parties, not only is your share of economic damages (medical bills, lost income, etc.) reduced accordingly, you’re also barred from recovering non-economic damages. That includes compensation for pain and suffering and other subjective losses, which can really add up in a personal injury case.
Even if your case doesn’t make it to trial -- even if a lawsuit isn’t actually filed -- Michigan’s comparative negligence rule will still be a factor. During settlement negotiations, the property owner’s insurance company (and/or their attorney) are concerned with what might happen if your case does wind up in court. So you can expect any slip and fall settlement offer to reflect the other side’s view of the part you played in causing or contributing to your injuries. That’s why it’s so important to make a strong case against the property owner.
Learn more about comparative negligence in slip and fall cases.
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of Indiana laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the underlying accident. Read on for the details.
As background, a statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in a state's civil court system. Specific time limits vary depending on the kind of case you want to file.
If you try to file your slip and fall lawsuit after the deadline set by the statute of limitations has passed, the person you're trying to sue will bring that fact to the court’s attention, and the court will almost certainly grant a motion to dismiss your case. That’s why it’s critical to understand how this law applies to your situation. (In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Indiana).
The statute of limitations that will affect a slip and fall lawsuit in Indiana is the same as the larger one that applies to most personal injury claims. Specifically, Indiana Code section 34-11-2-4 says: "An action for: (1) injury to person or character; [or for] (2) injury to personal property…must be commenced within two (2) years after the cause of action accrues.”
So, a plaintiff has two years to get their initial complaint filed in Indiana's court system after getting injured in a fall caused by dangerous property conditions on someone else’s land, and the "clock" starts running on the date of the injury.
That same two-year deadline applies if you only incurred property damage as a result of your slip and fall in Indiana -- maybe you were uninjured but you broke an expensive watch when you fell -- and you want to ask a court to order the negligent party to pay for the repair or replacement of your property.
Whatever the factual basis for the claim, the success of your slip and fall case will almost certainly hinge on whether the property owner’s negligence was the cause of your accident. A number of factors come into play in making this kind of determination. Learn more about proving fault for a slip and fall.
You’re making a slip and fall claim, only to hear the property owner argue that you bear some amount of responsibility for the accident. It’s a common tactic in every slip and fall case in every state, and Indiana is no exception. And if the property owner is successful in pinning some of the legal blame on you, any settlement or court award you receive could be significantly lower than it might have been, or you may end up with no compensation at all.
Now for the legalese: Indiana Code section 34-51-2-6 says that in a personal injury case (like one filed after a slip and fall injury) "the claimant is barred from recovery if the claimant's contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant's damages."
In plain English, that means even if you are found partly at fault for your slip and fall accident, you can still get compensation from the property owner and/or any other party who is also at fault, as long as your own share of the blame is no higher than 50 percent. The practical effect of all of this if that any damages award you receive from the court will be reduced by an amount equal to the percentage of fault that’s determined to be yours.
So, let’s say the jury finds that you are 10 percent responsible for your slip and fall, and your damages (including medical bills, lost income, pain and suffering, and other losses) total $10,000. That will leave the property owner or other defendant(s) on the hook for $9,000 (your $10,000 total damages minus your 10 percent share of fault for the accident, or $1,000).
What arguments can you expect to hear from the property owner? Here are a few common examples:
Even if your case doesn’t make it to trial, Indiana’s comparative negligence rule will still be a factor. During settlement negotiations, the property owner’s insurance company (and/or their attorney) are concerned with what might happen if your case does wind up in court. So you can expect any settlement offer to reflect the other side's view of the part you played in causing or contributing to the slip and fall. That’s why it’s so important to make a strong case against the property owner.
(Learn more about comparative negligence in slip and fall cases.)
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of North Carolina laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. Try to file your slip and fall lawsuit after the deadline has passed, and the property owner will surely bring that fact to the court’s attention, and the court will almost certainly dismiss your case. (Note: In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in North Carolina.)
The statute of limitations that applies to the vast majority of slip and fall lawsuits in North Carolina is the same one that applies to most personal injury cases. Specifically, North Carolina General Statutes section 1-52 says that a civil lawsuit for "any injury to the person or rights of another" must be filed within three years.
That three-year deadline covers a broad range of potential lawsuits, including a claim for injury after a slip and fall on someone else's property, as well as a property damage lawsuit stemming from a slip and fall (maybe you were uninjured, but you broke an expensive watch when you fell, and you want the property owner to replace it).
Keep in mind that the three-year "clock" starts running on the date of the slip and fall accident, and there’s no pause button for weekends or holidays. (A few rare scenarios might give you extra time to get your lawsuit started. Talk to an attorney for the details on these exceptions in North Carolina).
Whether it’s an injury lawsuit or one based on property damage, a slip and case will almost certainly hinge on whether the property owner’s negligence was the cause of your accident. A number of considerations come into play in making this kind of determination. Learn more about proving fault for a slip and fall.
Even if you're confident that your injury claim will settle, you want to leave yourself plenty of time to file a slip and fall lawsuit. Having the option of going to court will give you more leverage during settlement talks.
If you’ve been injured after a slip and fall accident and you're thinking about making a claim, get ready to hear the property owner argue that you share some amount of blame for the accident. This is good advice no matter where you live. But in North Carolina, it’s particularly critical that you (and your attorney) shoot down any such argument with strong evidence. That's because if your case goes to trial and the property owner (or some other defendant) is able to pin any amount of the legal blame for the slip and fall on you, you could end up without any compensation at all.
Most states follow some variation of a rule known as "comparative negligence" in personal injury cases where the person who is bringing the lawsuit (the plaintiff) also bears some amount of responsibility for causing the underlying accident. Under this rule, any damages award the plaintiff receives will be reduced according to the percentage of their fault. But North Carolina is one of a handful of states that doesn’t follow "comparative negligence.” Instead, the much less plaintiff-friendly "contributory negligence" rule is still employed in North Carolina personal injury cases.
Under "contributory negligence," if the injured person is found to bear any amount of blame for the underlying accident -- even a small fraction -- then he or she can't recover any compensation at all from any other at-fault party in a personal injury trial. Not surprisingly, that can lead to some pretty harsh results for personal injury plaintiffs.
In attempting to pin some amount of legal liability on you, the property owner (or whoever you’re trying to hold liable for your slip and fall) could claim that:
If your case doesn’t make it to trial -- even if a slip and fall lawsuit isn’t actually filed, for that matter -- North Carolina’s contributory negligence rule will still be a factor. During settlement negotiations, the property owner’s insurance company (and/or their attorney) knows that if your case winds up in court, you stand a significant chance of walking away with nothing if they can saddle you with even a little bit of blame. So it becomes that much more important to make a strong case showing that the property owner’s negligence was the sole cause of your slip and fall.
Learn more about comparative negligence in slip and fall cases.
]]>A number of Louisiana laws and legal rules will almost certainly affect any lawsuit you decide to file over your slip and fall. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit in the state's courts, and the "comparative negligence" rule, which can limit your right to recover compensation if you bear some amount of responsibility for the accident. Even if you're pretty sure your case will reach a personal injury settlement out of court, you still need to keep these state laws in mind, so read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in a state's civil court system. Specific time limits vary depending on the kind of case you want to file.
As with the majority of states, the statute of limitations that applies to a slip and fall case in Louisiana is almost always the same one that applies to any variety of personal injury case. Specifically, Louisiana Civil Code Article 3492 says: "Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained."
How's that for legalese? In case you’re not fluent, a "delictual" action is simply a lawsuit over some kind of harm. So, what Article 3492 says is that any lawsuit for injury or property damage must be filed within one year -- that includes any claim for injury or property damage by someone involved in a slip and fall on dangerous or defective property. Louisiana's one-year statute of limitations "clock" starts running on the date of the accident.
Learn more about premises liability and proving fault for a slip and fall.
If you don't get your slip and fall lawsuit filed before the deadline passes, you can count on the property owner asking the court to dismiss the case once you do try to file it. In some rare instances, the statute of limitations clock may pause or "toll," giving you more time to get your lawsuit started. Talk to an attorney for the details on these exceptions in Louisiana, and whether they might apply to your situation.
Even if you think your injury claim will be resolved through a settlement, make sure you leave yourself plenty of time to get a lawsuit started, and talk to a Louisiana attorney if you’re running up against the filing deadline.
You’re making a slip and fall claim, only to hear the property owner argue that you bear some amount of responsibility for the accident. Why does this matter? If any amount of fault for the accident is pinned on you, any court award you receive will be lower than it would have been if you were found fault-free.
Even if your case doesn’t make it to trial (even if a lawsuit isn’t actually filed), Louisiana’s shared fault rules will still be a factor. After all, during settlement negotiations, the other side is concerned with what might happen if your case does wind up in court. So you can expect any settlement offer to reflect their view of the part you played in causing the slip and fall.
Louisiana's "comparative negligence" rule applies to situations like this, and will determine how much compensation you can still receive if you were at all negligent in connection with the accident. This rule can be found at Louisiana Civil Code Article 2323. The key part of this statute says: "If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss."
At trial in any kind of Louisiana personal injury case, including slip and fall claims, under Article 2323 the jury or the court will first decide the total amount of the injured plaintiff’s losses (medical bills, lost income, etc.). Next, the amount of each party’s negligence (including the injured plaintiff’s) will be assigned a percentage. Finally, the court will set the injured plaintiff’s damages award (the amount he or she will receive from other at-fault parties) in line with those percentages.
So, even where the plaintiff is found to be at fault, they can still get compensation for their injuries, but the amount of compensation they can receive will be reduced in accord with their share of the fault.
So, let’s say the jury finds that you are 30 percent responsible for your slip and fall. They also find that your damages (including your medical bills and lost income) total $10,000. That will leave the property owner on the hook for $7,000.
Now that you understand the rule, what kind of arguments can you expect to hear? Here’s a look at a few:
It’s easy to see why it’s so important to make a strong case against the property owner in your Louisiana slip and fall case. Learn more about comparative negligence in slip and fall cases.
]]>Several New Hampshire laws will affect any lawsuit you decide to bring over your slip and fall, including the statute of limitations deadline for starting a lawsuit in New Hampshire's court system, and the state's "comparative negligence" rule, which can limit your right to recover compensation if you bear some amount of responsibility for the accident. Even if you're pretty sure your case will reach a personal injury settlement out of court, you still need to keep these state laws in mind, so read on for the details.
A statute of limitations is a state law that sets a strict time limit on the right to have a lawsuit heard in civil court. Specific time limits vary from state to state, and depending on the kind of case being filed.
Now, onto the law in New Hampshire, where New Hampshire Revised Statutes Annotated section 508:4 contains a "catch-all" three-year statute of limitations that applies to most "personal actions." This deadline will apply to any lawsuit over injuries caused by unreasonably dangerous property conditions. And if you were uninjured, but had your personal property damaged as a result of the slip and fall -- maybe an expensive watch you were wearing was broken in the fall, for example -- the three-year deadline set by section 508:4 also applies.
In either kind of case -- whether the lawsuit is for injury or property damage, or both -- the "clock" starts running on the date of the slip and fall, and the success or failure of your case will most likely turn on whether you can prove that the defendant failed to take reasonable steps to keep the property safe and to prevent your accident. Learn more about premises liability and proving fault for a slip and fall.
The next logical question is, "What happens if I don’t get my lawsuit started before the three-year deadline passes?" In that situation, you can count on the defendant (the property owner) asking the court to dismiss the case, and the court is almost sure to grant the dismissal. That's why it’s so crucial to understand the statute of limitations and abide by the time limit as it applies to your specific situation.
In certain rare circumstances, the clock may pause or "toll," giving you even more leeway to get your case started. Talk to a personal injury attorney for the details on these exceptions in New Hampshire.
If you're thinking about making a claim against a property owner for injuries suffered in a slip and fall accident, be prepared to hear the other side argue that you bear some amount of blame for what happened. Also be prepared to counter this argument, because if it's successful, you could see a significant chunk of your settlement or court award taken away.
New Hampshire Revised Statutes Annotated section 507:7-d lays out the concept of shared fault in a personal injury case in the state. This statute says that in a civil case for injury or property damage, the claimant's own "contributory negligence" (shared fault) will not act as a bar to recovery -- the injured person can still get compensation from other at-fault parties, in other words -- as long as "such fault was not greater than the fault of the defendant, or the defendants in the aggregate if recovery is allowed against more than one defendant, but the damages awarded shall be diminished in proportion to the amount of fault attributed to the plaintiff by general verdict."
So, in plain English, and in the context of a slip and fall case, let's say your lawsuit goes to trial and the jury, after considering the evidence, finds that you were partly to blame for causing or contributing to your accident. You can still get compensation from the property owner, as long as your share of the fault was not larger than the defendant's. But any damages award you receive will be reduced by a percentage that is in line with the jury's fault finding.
But remember, if you're found to bear more fault than the property owner, in New Hampshire you can't recover any compensation at all.
So, let's assume that the jury finds you 20 percent to blame for your slip and fall, and they set your damages at $10,000. That leaves the property owner on the hook for $8,000 (the original $10,000 minus the 20 percent that represents your share of fault).
So, what kind of arguments can you expect to hear from the property owner? Some common allegations include:
It's easy to see why it’s crucial to make a strong case against the property owner in your New Hampshire slip and fall case. Learn more about comparative negligence in slip and fall cases.
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of Ohio laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. Try to file your slip and fall lawsuit after the deadline has passed, and the property owner will surely bring that fact to the court’s attention, and the court will almost certainly dismiss your case. (Note: In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Ohio.)
In Ohio, the statute of limitations that will affect most slip and fall cases is the same as the larger one that applies to most personal injury claims. Specifically, Ohio Revised Code section 2305.10 says "an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues" (emphasis added).
In plain English, if you think a property owner is responsible for your injuries and other losses stemming from a slip and fall incident, you must get any lawsuit filed against that person (or business) within two years, and the "clock" starts running on the date the slip and fall occurred.
The same two-year deadline applies if your personal property was damaged in the slip and fall -- let’s say you were wearing an expensive watch, and it broke when you landed on it, for example -- and you want to file a lawsuit asking that it be repaired or replaced.
Whether it’s an injury lawsuit or one based on property damage, a slip and case will almost certainly hinge on whether the property owner’s negligence was the cause of your accident. A number of considerations come into play in making this kind of determination. Learn more about proving fault for a slip and fall.
Even if you're confident that your injury claim will settle, you want to leave yourself plenty of time to file a slip and fall lawsuit. Having the option of going to court will give you more leverage during settlement talks.
If you’re thinking about making a claim for injury after a slip and fall, be prepared to hear the other side argue that you bear some amount of responsibility for what happened. If this argument is successful, any settlement or court award you receive could be lower than it might have been, and it might even be wiped out completely.
If your Ohio slip and fall case makes it to court, the state's "modified comparative negligence rule" will be used to determine how much you can recover from the property owner if the jury finds that you were somehow negligent in connection with the accident. Any damages award you receive will be reduced according to the percentage of your fault. And if your share of blame is 51 percent or more in Ohio, you’ll be barred from recovering anything at all from other potentially liable parties.
So, let’s say the jury finds that you are 25 percent responsible for your slip and fall, since witnesses said you seemed to be engrossed in something on your phone at the time you fell. The jury also finds that your damages (including your medical bills, lost income, and "pain and suffering") total $20,000. That will leave the property owner on the hook for $15,000 (the original $20,000 minus $5,000, which represents your 25-percent share of fault).
Even if your Ohio slip and fall case doesn't make it to trial -- even if a lawsuit isn’t actually filed -- the state's comparative negligence rule will still play a role. That's because the property owner's insurance company (and/or their attorney) is concerned with what might happen if your case does wind up in court, even if you're just in settlement discussions very early on. You can expect any slip and fall settlement offer to reflect the other side's view of the part you played in causing or contributing to your injuries. That's just one more reason why it’s so important to make a strong case that details the property owner’s liability.
So, what kind of arguments can you expect to hear from the property owner? The possibilities are endless, but some common allegations include:
Learn more about comparative negligence in slip and fall cases.
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of Tennessee laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. Specific time limits vary depending on the kind of case you want to file.
The key thing to know here is that if you try to file your slip and fall lawsuit after the deadline set by the statute of limitations has passed, the person you’re trying to sue will bring that fact to the court’s attention, and the court will almost certainly grant a motion to dismiss your case. That’s why it’s so crucial to understand how this law applies to your situation. (In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Tennessee).
In Tennessee, there are a few different lawsuit filing deadlines that could affect a slip and fall case.
First, if you have been injured in a slip and fall incident and you intend to file a lawsuit against the property owner or other defendant, Tennessee Code section 28-3-104 dictates that the injury case be filed in Tennessee’s civil court system within one year of the date of the incident.
(Note: In rare cases where a slip and fall results in someone’s death, any wrongful death claim brought by the deceased person’s representatives is subject to the same one-year lawsuit filing deadline. The only difference is that the “clock” starts running on the day of the person’s death, which could be later than the date of the slip and fall itself.)
Second, a property damage lawsuit stemming from a slip and fall -- maybe you were uninjured when you fell, but you broke an expensive watch and you want the property owner to replace it -- must be filed against any potential defendant within three years, according to section 28-3-105 of the Tennessee Code.
A slip and fall case will almost certainly hinge on whether the property owner’s negligence was the cause of your accident. A number of considerations come into play in making this kind of determination. Learn more about proving fault for a slip and fall.
You’re making a slip and fall claim, only to hear the property owner argue that you bear some amount of responsibility for the accident. It’s a common tactic in every slip and fall case in every state, and Tennessee is no exception. And if the property owner is successful in pinning some of the legal blame on you, any settlement or court award you receive could be significantly lower than it might have been, or you may end up with no compensation at all.
What arguments can you expect to hear from the property owner? Here are a few examples:
If your Tennessee slip and fall case makes it to court, and the jury finds that you bear some amount of legal blame for what happened, the state's "comparative negligence" rules will be applied to determine how much compensation (if any) you can still receive from the property owner.
Under "comparative negligence," any damages award a personal injury plaintiff receives will be reduced according to the percentage of their fault. So, let’s say the jury finds that you are 10 percent responsible for your slip and fall in Tennessee. They also find that your damages (including your medical bills, lost income, and "pain and suffering") total $20,000. That will leave the property owner on the hook for $18,000 (that’s the original $20,000 minus the 10 percent that represents your share of fault).
It’s important to note that if you’re deemed more than 50 percent at fault for the accident, under Tennessee law you can’t recover anything at all from the property owner or anyone else.
That’s how shared fault works in Tennessee personal injury cases if your slip and fall case makes it all the way to trial. And even if your case doesn’t make it to trial -- even if a lawsuit isn’t actually filed, for that matter -- Tennessee’s comparative negligence rule will still be a factor. During settlement negotiations, the property owner’s insurance company (and/or their attorney) are concerned with what might happen if your case does wind up in court. So you can expect any settlement offer to reflect the other side’s view of the part you played in causing or contributing to the slip and fall. That’s why it becomes so important to make a strong case against the property owner. (Learn more about comparative negligence in slip and fall cases.)
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of Georgia laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. The key thing to know here is that if you try to file your slip and fall lawsuit after the deadline set by the statute of limitations has passed, the person you’re trying to sue will bring that fact to the court’s attention, and the court will almost certainly dismiss your case. (Note: In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Georgia.)
As in most states, the statute of limitations that will affect a slip and fall injury claim in Georgia is the same as the larger one that applies to most personal injury cases filed in the state's civil court system. Specifically, Georgia Code section 9-3-33 says: "Actions for injuries to the person shall be brought within two years after the right of action accrues." That’s just a fancy (or confusing) way of saying that after an accident like a slip and fall, an injury lawsuit must be filed against the property owner within two years.
if you want to file a lawsuit over property damage caused by the slip and fall accident -- maybe you were unharmed but you broke an expensive watch when you fell -- the statute of limitations for injuries to "personalty" (that's Georgia Code section 9-3-31) gives you four years to get the case started.
Whether the lawsuit is over injuries or property damage, the clock starts running on the date of the incident that caused the injury. (Learn more about proving fault for a slip and fall.)
Even if you're confident that your injury claim will settle, you want to leave yourself plenty of time to file a slip and fall lawsuit. Having the option of going to court will give you more leverage during settlement talks.
If you’re thinking about making a claim for injury after a slip and fall, be prepared to hear the other side argue that you bear some amount of responsibility for what happened.
This tactic is a common one because of the impact it can have on your case if the property owner is successful in pinning some of the legal blame on you. If that happens, any settlement or court award you receive could be lower than it might have been, and it might even be wiped out completely.
If your Georgia slip and fall lawsuit makes it to trial, and the jury finds that you were negligent in connection with the accident, the state’s "modified comparative negligence rule" will determine how much you can recover from the property owner. Any damages award you receive will be reduced according to the percentage of your fault. And if your share of blame happens to be 50 percent or more, you’ll be barred from recovering any compensation at all from the property owner or any other potentially liable parties.
So, let’s say the jury finds you were 40 percent responsible for your slip and fall, since witnesses saw you staring at your phone at the time you fell. The jury also finds that your damages (including your medical bills, lost income, and “pain and suffering”) total $30,000. That will leave the property owner on the hook for $18,000 (the original $30,000 minus $12,000, which represents your 40-percent share of fault). Learn more about comparative negligence in slip and fall cases.
]]>Whether you decide to file an insurance claim with the property owner's carrier, or take the matter to court via a personal injury lawsuit, a number of Massachusetts laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. Specific time limits vary depending on the kind of case you want to file.
The key thing to know here is that if you try to file your slip and fall lawsuit after the deadline set by the statute of limitations has passed, the person you’re trying to sue will bring that fact to the court’s attention, and the court will almost certainly grant a motion to dismiss your case. That’s why it’s so crucial to understand how this law applies to your situation. (In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Massachusetts).
Now, onto the specifics of the law in Massachusetts, where, as in most states, the statute of limitations that will affect a slip and fall lawsuit is the same as the larger one that applies to personal injury cases in general. Specifically, anyone who has been injured in a slip and fall accident -- or suffered damage to their personal property as a result of the fall -- must get their lawsuit filed within three years of the date of the incident, according to Massachusetts General Laws Chapter 260 section 2A.
Note: In rare cases where someone dies as a result of a slip and fall, any wrongful death lawsuit must also be filed within three years (so says Massachusetts General Laws Chapter 229 section 2), but the "clock" starts running on the date of the deceased person’s death (which might be different from the date of the slip and fall itself).
A slip and fall case will almost certainly hinge on whether the property owner’s negligence was the cause of your accident. A number of considerations come into play in making this kind of determination. Learn more about proving fault for a slip and fall.
You’re making a slip and fall claim, only to hear the property owner argue that you bear some amount of responsibility for the accident. It’s a common tactic in every slip and fall case in every state, and Massachusetts is no exception. And if the property owner is successful in pinning some of the legal blame on you, any settlement or court award you receive could be significantly lower than it might have been, or you may end up with no compensation at all.
What arguments can you expect to hear from the property owner? Here are a few examples:
If your Massachusetts slip and fall case makes it to court, the state’s “modified comparative negligence rule” will be used to determine how much compensation (if any) you can still receive from the property owner if you were at all negligent in connection with the accident.
Under "modified comparative negligence," any damages award a personal injury plaintiff receives will be reduced according to the percentage of their fault. So, let’s say the jury finds that you are 25 percent responsible for your slip and fall, since you disregarded warning signs. They also find that your damages (including your medical bills, lost income, and “pain and suffering”) total $10,000. That will leave the property owner on the hook for $7,500 (your $10,000 total damages minus your 25 percent share of fault for the accident).
It’s important to note that, under Massachusetts law, you can’t recover anything at all from the property owner (or anyone else) if you’re deemed more than 50 percent at fault for the accident.
Even if your case doesn’t make it to trial -- even if a lawsuit isn’t actually filed, for that matter -- Massachusetts’s comparative negligence rule will still be a factor. During settlement negotiations, the property owner’s insurance company (and/or their attorney) are concerned with what might happen if your case does wind up in court. So you can expect any settlement offer to reflect the other side’s view of the part you played in causing or contributing to the slip and fall. That’s why it becomes so important to make a strong case against the property owner.
Learn more about comparative negligence in slip and fall cases.
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of Pennsylvania laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. The key thing to know here is that if you try to file your slip and fall lawsuit after the deadline set by the statute of limitations has passed, the person you’re trying to sue will bring that fact to the court’s attention, and the court will almost certainly dismiss your case. (Note: In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Pennsylvania.)
In Pennsylvania, the statute of limitations that applies to your slip and fall case is Pennsylvania Cons. Stat. Title 42 section 5524, which says: "an action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another" must be brought within two years.
Section 5524 also applies to "an action for taking, detaining or injuring personal property, including actions for specific recovery thereof." So, in rare cases where the slip and fall only resulted in property damage -- maybe you were uninjured in the incident but you broke a very expensive watch, for example -- any lawsuit seeking the repair or replacement of the damaged property must be filed within two years.
Learn more about proving fault for a slip and fall.
You want to leave yourself plenty of time to file a slip and fall lawsuit, even if you’re confident your injury claim will settle. At the very least, having the option of going to court will give you more leverage during settlement talks.
If you’re thinking about making a claim for injury after a slip and fall, be prepared to hear the other side argue that you bear some amount of responsibility for what happened.
This tactic is a common one because of the impact it can have on your case if the property owner is successful in pinning some of the legal blame on you. Any settlement or court award you receive could be significantly lower than it might have been, or you may end up with no compensation at all if you’re found negligent in connection with your slip and fall.
Now for the legalese: If your Pennsylvania slip and fall case makes it to court, the state's "modified comparative negligence" rule will determine how much compensation (if any) you can still receive from the property owner if you were at all negligent. In plain English, that means any damages award you receive from the court will be reduced by an amount equal to the percentage of fault that’s determined to be yours.
Let's say the jury finds that you are 10 percent responsible for your slip and fall. They also find that your damages (including lost income, medical bills, "pain and suffering" and other losses) total $30,000. That will leave the defendant on the hook for $27,000 (your $30,000 total damages minus your 10 percent share of fault for the accident, or $3,000).
It’s important to note that, under Pennsylvania law, you can’t recover anything at all from the property owner or anyone else if you’re deemed more than 50 percent at fault for the accident.
So, what kind of arguments can you expect to hear from the property owner? Some common allegations include:
Learn more about comparative negligence in slip and fall cases.
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of Washington laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system, and the statute of limitations for most Washington slip and fall lawsuits is the same as the larger one that applies to the majority of standard personal injury lawsuits filed in the state. Specifically, Revised Code of Washington section 4.16.080 says that an action for “injury to the person or rights of another… shall be commenced within three years.”
So, if you’re filing a lawsuit against a property owner or any other defendant who is responsible for the unsafe condition of property where you were injured, you need to get the initial complaint filed in court within three years of the date of the incident.
Section 4.16.080 also sets a three-year deadline for the filing of "an action for taking, detaining, or injuring personal property," if you want to file a lawsuit over any property damage that resulted from the slip and fall accident -- maybe you broke an expensive watch when you fell, for example.
Whether your slip and fall lawsuit is for injury or property damage, the success or failure of the case will most likely turn on whether you can prove that the defendant failed to take reasonable steps to keep the property safe and to prevent your accident. Learn more about fault for a slip and fall accident.
If you try to file your lawsuit after the deadline set by Washington’s statute of limitations has already passed, the property owner will almost surely ask the court to dismiss the case. And if the court grants the dismissal, your case is over before it can even get started. (Note: In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Washington.)
If you're making an injury claim against the property owner responsible for your slip and fall in Washington, be prepared to hear the other side argue that you bear some amount of responsibility for what happened. And if the argument is successful, any settlement or court award you receive could be significantly lower than it might have been.
What arguments can you expect to hear from the property owner? Here are a few examples:
Now for the legalese: Revised Code of Washington section 4.22.005 says: "In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery."
In plain English, that means even if you are the plaintiff in a personal injury case and you are found partly at fault for what happened, you can still get compensation from the property owner and/or any other party who is also at fault. The practical effect of Washington's "comparative negligence" rule is that any damages award you receive from the court will be reduced by an amount equal to your share of negligence in connection with the accident.
So, let’s say the jury finds that you are 25 percent responsible for your slip and fall, and your damages (including medical bills, lost income, pain and suffering, and other losses) total $20,000. That will leave the property owner or other defendant(s) on the hook for $15,000 (your $20,000 total damages minus your 25 percent share of fault for the accident, or $5,000).
Even if your case doesn’t make it to trial, Washington’s comparative negligence rule will still be a factor. During settlement negotiations, the property owner’s insurance company (and/or their attorney) are concerned with what might happen if your case does wind up in court. So you can expect any settlement offer to reflect the other side’s view of the part you played in causing or contributing to the slip and fall.
Learn more about comparative negligence in slip and fall cases.
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of Minnesota laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit in court, and the "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in a state's civil court system. Specific time limits vary depending on the kind of case you want to file.
The statute of limitations that affects your Minnesota slip and fall case is most likely Minnesota Statutes section 541.07, which applies to almost all personal injury cases filed in the state’s civil court system, and requires that these kinds of lawsuits be filed within two years of the date of the underlying incident. That would obviously include an injury claim arising out of a slip and fall or some similar incident that occurs on someone else’s property.
In rare cases where the slip and fall only resulted in property damage -- maybe you were uninjured in the accident but you broke a very expensive watch, for example -- any lawsuit seeking the repair or replacement of the damaged property must be filed within six years. That deadline is set by Minnesota Statutes section 541.05.
A few things to keep in mind: First, whether your slip and fall lawsuit is for injury or property damage, the success or failure of the case will most likely turn on whether you can prove that the defendant failed to take reasonable steps to keep the property safe and to prevent your accident. Learn more about negligence and proving fault for a slip and fall accident.
Second, if you try to file your lawsuit after the deadline set by Minnesota's statute of limitations has already passed, the property owner (or any other defendant) will almost surely ask the court to dismiss the case. If the court grants the dismissal, your case is over before it can even get started. (Note that in certain rare situations, the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Minnesota).
You’re making a slip and fall claim, only to hear the property owner argue that you bear some amount of responsibility for the accident. It’s a common tactic in every slip and fall case in every state, and Minnesota is no exception. And if the property owner is successful in pinning some of the legal blame on you, any settlement or court award you receive could be significantly lower than it might have been, or you may end up with no compensation at all.
What arguments can you expect to hear from the property owner? Here are a few common examples:
If your Minnesota slip and fall case makes it to court, and the jury decides that you bear some amount of legal blame for the accident, the state’s "modified comparative negligence" rule will be used to determine how much compensation (if any) you can still receive from the property owner or other potentially liable parties. Any compensation you receive from the court will be reduced by an amount equal to the percentage of fault that’s determined to be yours. (Juries must often assign percentages to each party’s liability in a personal injury case.)
So, let’s say the jury finds that you are 25 percent responsible for your slip and fall, and your damages (including medical bills, lost income, pain and suffering, and other losses) total $20,000. That will leave the defendant on the hook for $15,000 (your $20,000 total damages minus your 25 percent share of fault for the accident, or $5,000).
You can find the full text of Minnesota's "comparative negligence" rule at Minnesota Statutes section 604.01. This law makes clear that the plaintiff can only recover damages from other at-fault parties "if the contributory fault was not greater than the fault of the person against whom recovery is sought." In other words, if your fault is greater than that of the person you're trying to sue, under Minnesota law you're barred from recovering any compensation at all.
(Learn more about comparative negligence in slip and fall cases.)
]]>Whether you decide to file a claim with the property owner's insurer, or take the matter to court via a personal injury lawsuit, a number of Illinois laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. The key thing to know here is that if you try to file your slip and fall lawsuit after the deadline set by the statute of limitations has passed, the person you’re trying to sue will bring that fact to the court’s attention, and the court will almost certainly grant a motion to dismiss your case. That’s why it’s so crucial to understand how this Illinois law applies to your situation. (Note: In some rare situations the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Illinois.)
So, what does the law say? In Illinois, as in most states, the statute of limitations that will affect most slip and fall injury cases is the same as the larger one that applies to personal injury claims in general. Specifically, 735 Illinois Compiled Statutes section 5/13-202 says, "Actions for damages for an injury to the person...shall be commenced within two years next after the cause of action accrued" (emphasis added.)
In plain English, that means if you think a property owner is responsible for your injuries and other losses stemming from a slip and fall incident, you must get any lawsuit filed against that person (or business) within two years, and the "clock" starts running on the date the slip and fall occurred. (Learn more about proving fault for a slip and fall.)
You want to leave yourself plenty of time to file a slip and fall lawsuit, even if you’re confident your injury claim will settle. At the very least, having the option of going to court will give you more leverage during settlement talks.
If you’re thinking about making a claim for injury after a slip and fall, be prepared for the defendant (that’s the property owner or other person you are trying to hold liable) to claim that you bear some amount of responsibility for the accident. That’s true in every state. Illinois is no exception. If the property owner is successful in pinning some of the legal fault for the accident on you, any settlement or court award you receive could be significantly lower than it might have been, or you may end up with no compensation at all.
If your Illinois slip and fall case makes it to court, the state’s “modified comparative negligence rule” will be used to determine how much compensation (if any) you can still receive from the property owner if you were at all negligent in connection with the accident.
Under “modified comparative negligence,” any damages award a personal injury plaintiff receives will be reduced according to the percentage of their fault. So, let’s say the jury finds that you are 20 percent responsible for your slip and fall. They also find that your damages (including your medical bills, lost income, and "pain and suffering") total $40,000. That will leave the property owner on the hook for $32,000 (that’s the original $40,000 minus the 20 percent that represents your share of fault).
It’s important to note that if you’re deemed more than 50 percent at fault for the accident, under Illinois law you can’t recover anything at all from the property owner or anyone else.
That’s how shared fault works in Illinois personal injury cases if your slip and fall case makes it all the way to trial. And even if your case doesn’t make it to trial -- even if a lawsuit isn’t actually filed, for that matter -- Illinois’s comparative negligence rule will still be a factor. During settlement negotiations, the property owner’s insurance company (and/or their attorney) are concerned with what might happen if your case does wind up in court. So you can expect any settlement offer to reflect the other side’s view of the part you played in causing or contributing to the slip and fall. That’s why it's so important to make a strong liability case against the property owner.
So, what kind of arguments can you expect to hear from the property owner? Some common allegations include:
Learn more about comparative negligence in slip and fall cases.
]]>Whether you decide to file an insurance claim, or take the matter to court via a personal injury lawsuit, a number of Colorado laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit in court, and the "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in a state's civil court system. Specific time limits vary depending on the kind of case you want to file.
As in most states, the statute of limitations that will affect a slip and fall injury claim in Colorado is the same as the larger one that applies to all personal injury cases filed in the state’s civil court system. Specifically, Colorado Revised Statutes section 13-80-102 says that "tort actions", which include "actions for negligence," must be "commenced within two years after the cause of action accrues." In plain English, that means an injury claim arising from any kind of slip and fall accident must be filed against the at-fault property owner within two years.
The "clock" starts running on the date of the slip and fall accident -- unless the victim died as a result of the slip and fall, and their family wants to file a wrongful death claim. In that situation only, the statute of limitations deadline is still two years, but the "clock" starts on the date of the person’s death (which could be different from the date of the slip and fall itself).
(Note: The two-year deadline found at CRS section 13-80-102 also applies if your personal property was damaged in the slip and fall -- let’s say you broke an expensive watch, for example -- and you want to file a lawsuit asking for the repair or replacement of that property.)
A few things to keep in mind: First, whether your slip and fall lawsuit is for injury or property damage, the success or failure of the case will most likely turn on whether you can prove that the defendant failed to take reasonable steps to keep the property safe and to prevent your accident. Learn more about proving fault for a slip and fall accident.
Second, if you try to file your lawsuit after the deadline set by Colorado's statute of limitations has already passed, the property owner (or other defendant) will almost surely ask the court to dismiss the case. If the court grants the dismissal, your case is over before it can even get started. (Note that in certain rare situations, the statute of limitations clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Colorado).
You’re making a slip and fall claim, only to hear the property owner argue that you bear some amount of responsibility for the accident. It’s a common tactic in every slip and fall case in every state, and Colorado is no exception. And if the property owner is successful in pinning some of the legal blame on you, any settlement or court award you receive could be significantly lower than it might have been, or you may end up with no compensation at all.
Now, onto the law. When the plaintiff in a personal injury case is found to share some amount of blame for the underlying accident, Colorado Revised Statutes section 13-21-111 says: "Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made."
In plain English, that means even if a jury finds you partly to blame for your slip and fall, you can still get compensation from the property owner, or whoever is responsible for the dangerous property condition. But any award you receive from the court will be reduced by an amount equal to the percentage of fault that’s determined to be yours. For example, if you’re deemed 25 percent at fault and your damages are $10,000, you’ll only receive $7,500.
But section 16-64-122 goes on to say that if the plaintiff’s share of fault "is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant." That means, if you’re found to be 50 percent or more responsible for causing the incident that led to your slip and fall, you lose the case, and you can’t recover any compensation at all from the property owner or anyone else.
(Learn more about comparative negligence in slip and fall cases.)
]]>Whether you decide to file a third-party insurance claim with the property owner's insurer, or take the matter to court right away via a personal injury lawsuit, a number of Texas laws and legal doctrines will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state’s civil court system. The statute of limitations that will apply to a slip and fall injury claim in Texas is the same as the larger one that applies to all personal injury cases filed in the state’s civil court system. Specifically, Texas Civil Practice & Remedies Code section 16.003 sets a two year deadline for the filing of any civil action seeking a legal remedy for personal injury.
So, in the context of a slip and fall accident, if you think the property owner is responsible for dangerous property conditions -- and by extension, for your injuries -- you must get any lawsuit filed against that person (or business) within two years, and the "clock" starts running on the date the slip and fall occurred. The same two-year deadline applies if your personal property was damaged in the slip and fall -- let’s say you were wearing an expensive watch, and you landed on it, for example -- and you want to file a lawsuit asking that it be repaired or replaced.
Whether it’s an injury lawsuit or one based on property damage, a slip and case will almost certainly hinge on whether the property owner’s negligence was the cause of the accident. Learn more about Proving Fault for a Slip and Fall.
From a strategy standpoint, you want to leave yourself plenty of time to file a slip and fall lawsuit, even if you’re confident your injury claim will settle. At the very least, having the option of going to court will give you more leverage during settlement talks.
In some rare situations the clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in Texas, and for more details on the statute of limitations and how it applies to your case. Remember, if you try to file your lawsuit after the deadline set by the statute of limitations has passed, the property owner will almost surely ask the court to dismiss the case, and the court will almost certainly grant the dismissal.
Before you file an insurance claim or lawsuit over your slip and fall, know that the property owner will probably argue that you share some amount of blame for your accident. If this argument is successful, you could see a significant chunk of any court award taken away (and a finding of shared fault will also likely reduce the value of your settlement).
For example, the property owner could argue that:
If your slip and fall case goes to trial in Texas, the state's "modified comparative negligence rule" will determine how much you can still receive from the property owner.
Under this rule, any damages award you receive will be reduced according to the percentage of your fault, as long as your share is 50 percent or less. So, let’s say the jury finds that you are 20 percent to blame for your slip and fall. They also find that your damages total $50,000. In that situation, the property owner will only be on the hook for $40,000 (that’s the original $50,000 minus 20 percent).
If you’re found to bear more than 50 percent of the blame for your slip and fall in Texas, you can’t recover any compensation at all from the property owner or any other party.
(You can read the full text of the Texas comparative fault rule at Texas Civil Practice and Remedies Code Chapter 33, Subchapter A.)
And even if your case doesn’t make it to trial -- even if a lawsuit isn’t actually filed, for that matter -- Texas’s comparative negligence rule will still play a role. During settlement negotiations, the property owner’s insurance company (and/or their attorney) will have these shared fault rules in mind, since they’re concerned with what might happen if your case does wind up in court. You can expect any settlement offer from the other side to reflect the other side’s view of your role in causing your own slip and fall accident, viewed through the lens of Texas’s shared fault rules. So it becomes that much more important to make a strong case against the property owner. Learn more about comparative negligence in slip and fall cases.
]]>Whether you decide to file a claim with the property owner's insurer, or take the matter to court via a personal injury lawsuit, a number of New York laws and legal rules will almost certainly affect your case. Two of the most important of these are the statute of limitations deadline for filing a slip and fall lawsuit, and "shared fault" rules that can affect your right to recover compensation if you bear some amount of responsibility for the accident. Read on for the details.
A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state's civil court system. Miss the deadline, and your case is sure to be dismissed.
As in most states, the statute of limitations that will affect a slip and fall injury lawsuit in New York is the same as the larger one that applies to most personal injury cases filed in the state. Specifically, under New York Civil Practice Laws & Rules section 214, anyone who was injured in a slip and fall on someone else's property must get their lawsuit filed against the property owner within three years. The clock starts running on the date of the incident that caused the injury.
That same three year deadline applies if you only want to file a lawsuit over property damage caused by the slip and fall accident -- maybe you were unharmed after you fell, but you were wearing an expensive watch that broke, for example.
Whether it’s an injury lawsuit or one based on property damage, a New York slip and case will almost certainly hinge on whether the property owner’s negligence was the cause of the accident. Learn more about proving fault for a slip and fall.
From a strategy standpoint, you want to leave yourself plenty of time to file a slip and fall lawsuit, even if you’re confident your injury claim will settle. At the very least, having the option of going to court will give you more leverage during settlement talks.
In some rare situations the clock may pause or "toll," giving you more time to get your case started. Talk to an attorney for the details on these exceptions in New York, and for more information on how the statute of limitations applies to your case.
Before you file an insurance claim or lawsuit over your slip and fall, know that the property owner will probably argue that you share some amount of blame for your accident. If this argument is successful, you could see a significant chunk of any court award taken away (and a finding of shared fault will also likely reduce the value of your slip and fall claim even if you settle out of court).
For example, the property owner could argue that:
If your slip and fall case goes to trial in New York, the state's "pure comparative negligence rule" will determine how much you can recover from the property owner if the jury finds that you were somehow negligent in connection with the accident. Any damages award you receive will be reduced according to the percentage of your fault.
So, let’s say the jury finds that you are 40 percent responsible for your slip and fall, since witnesses said you stepped over orange cones that had been set out to cordon off the dangerous condition. The jury also finds that your damages (including your medical bills, lost income, and "pain and suffering") total $10,000. That will leave the property owner on the hook for $6,000 (the original $10,000 minus $4,000, which represents your 40-percent share of fault).
That’s how the personal injury concept of shared fault will be applied in New York if your slip and fall case makes it all the way to trial. And even if your case doesn’t make it to trial -- even if a lawsuit isn’t actually filed, for that matter -- New York’s comparative negligence rule will still be a factor. That's because the property owner's insurance company (and/or their attorney) will be concerned with what might happen if your case does wind up in court, even if you’re just in settlement discussions very early on. You can expect any settlement offer to reflect the other side’s view of the part you played in causing or contributing to your slip and fall. That's just one more reason why it's so important to make a strong case that details the property owner’s liability. Learn more about comparative negligence in slip and fall cases.
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