Justice Demands Diligence

Can I recover damages even if I am partially at fault for my slip and fall?

On Behalf of | Nov 4, 2021 | Uncategorized

You are walking through a retail store when suddenly, you feel your feet come out from under you. Before you know it, you are on the ground writhing in pain. The injuries you suffered in your slip and fall accident may range from the smallest cuts and bruises to a serious TBI or spinal injury.

Once the initial shock and pain has worn off, you may start thinking about what caused the accident. You may discover that you would not have fallen had it not been for the broken step, slippery floor, aisle obstruction, or other dangerous condition in the store. Many slip and fall victims find that the store owner’s negligent maintenance of the retail store property caused the dangerous condition which resulted in your accident. Store owners who fail to take reasonable steps to address dangerous conditions in the store may be liable for damages suffered by customers like you.

Shopper negligence

While store owners are often responsible for slip and fall accidents in their stores, many accident victims contribute to their own accident by acting negligently. Some common forms of shopper negligence include:

  • Wearing ill-fitting shoes or shoes that are difficult to walk in (e.g., high heels)
  • Walking through the store while using a cell phone
  • Failing to pay attention to surroundings
  • Ignoring posted signs or warnings from store owners/employees

Fortunately, if your accident occurred in Florida, a comparative negligence state, you can recover damages for your injuries even if you were partially at fault for your accident. In many cases, a jury will determine the total amount of damages you are entitled to and determine how to apportion fault for the accident. Your total damages will then be reduced based on the percentage of fault assigned to you. For example, if you are found to be 40 percent at fault, you will only recover $60,000 of $100,000 in damages.

Slip and fall victims with more serious injuries may be out of work for an extended period of time, as they undergo surgery, treatment, and rehabilitation. Sadly, some slip and fall victims are never able to return to the life they had prior to the accident. Fortunately, you may be able to recover financial compensation even if you are partially responsible for your own accident. An attorney specializing in personal injury law can review your case and give you a clear picture of how much you can expect to recover if you go forward with your claim.