In most slip and fall cases, the victim’s behavior is a part of determining negligence. In legal terms, the issue is referred to as comparative negligence, and it is part of fault determination in injury cases. In slip and fall suits, comparative negligence rules help victims measure the reasonable nature of their actions immediately before the accident. Victims should ask questions about their own conduct, and they should consider the answers carefully in preparation for questioning by the property owner’s insurance adjuster. Those questions are listed below.
Was There a Legitimate Reason for Being in the Dangerous Place?
The important thing here isn’t the reason’s legitimacy to the victim, but whether the property owner should have anticipated the victim’s presence in the spot where the incident occurred. If the victim’s presence couldn’t have been anticipated, the person may have a lesser liability claim against the property owner.
Should the Spot Have Been Avoided by a Careful Person?
This question doesn’t usually have a simple answer, but if the slippery condition should have been obvious, the victim’s claim might be reduced by their own level of negligence. Consult slip and fall lawyers for more details.
Was There a Warning of the Danger?
If there was a warning of the dangerous condition and signs were visible, the property owner’s liability will likely be lessened by the victim’s negligence in failing to follow posted warnings.
Was the Victim Distracted?
If the victim was not paying attention to where they were going, or if they were engaging in horseplay, the property owner’s liability may be reduced by the victim’s comparative carelessness. Today, many slip and fall incidents involve someone who is texting or talking on the phone while walking.
In a slip and fall case, the victim does not have to prove that they were being careful. However, they should think of what they were doing, and describe their actions carefully so the insurance adjuster sees that they weren’t being careless. Slip and fall lawyers with Swartzculleton.com can tell clients how their behavior can impact a claim, and they can tell the client more about state laws on comparative negligence.
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