The National Floor Safety Institute estimates that slip-and-fall accidents send nearly a million people to emergency rooms nationwide each year. You might consider submitting a claim for damages if you were recently hurt in a slip-and-fall accident. If so, a San Antonio premises liability attorney can help you understand the requirements for successful slip and fall lawsuits in Texas and how comparative fault may affect your claim.
In Texas, the injured party can only receive compensation if it is determined that they were less than 51% at fault for the accident. If it is found that the plaintiff was partially to blame, the amount of blame that is assigned to them will be deducted from their damages.
Since the concept of comparative negligence is complex, it is always a good idea to seek legal advice from a personal injury lawyer in San Antonio, Texas who can break down the legal aspects of comparative fault for you.
The Impact of Comparative FaultComparative fault can have a significant impact on how a lawsuit turns out in a slip-and-fall accident. Simply because a person trips or slips in a place of business does not guarantee compensation for damages. Understanding comparative fault in San Antonio slip and fall cases can be difficult; therefore, seeking guidance from an experienced premises liability lawyer is of the essence if you feel you have a valid claim.
An attorney must first determine who is to blame for the accident. A victim may bring a lawsuit to court if the plaintiff and defendant are unable to come to an amicable solution. To evaluate the level of fault in a slip-and-fall case, the court or jury will consider the plaintiff's and the defendant's actions and behaviors. The plaintiff's level of knowledge, their behavior prior to the accident, and the defendant's duty of care will all be taken into account.
The plaintiff's recoverable damages will be diminished according to the level of culpability attributed to them if they are found to be partially to blame for the accident. For example, if the plaintiff is judged to be 30% at fault and is awarded $100,000 in damages; they will ultimately receive $70,000 after the reduction for which they were considered to be at fault. If the plaintiff is found to be more than 51% at fault, they will not be able to recover damages for their injuries.
Examples of Comparative Fault Failure to Regard Warning SignsPicture a situation where a store owner posts cautionary signs close to a recently scrubbed floor but neglects to secure them. Despite the existence of the warnings, a customer who is absorbed in their phone stumbles on the damp pavement. The customer's failure to pay attention may have contributed to their fault, according to the judge.
Failure to Watch One's StepsConsider the following scenario: a pedestrian is strolling down a sidewalk that has been neglected and has uneven pavement. Even though they are aware of the danger, the pedestrian doesn't watch their steps and trips on an elevated section of the sidewalk, hurting themselves. The pedestrian in this situation may be found partially to blame by the court for failing to use reasonable caution.
Texas Personal Injury Attorneys at Carabin Shaw Review Comparative Fault Cases at Zero CostThe total cost of medical expenses in a slip and fall case may vary depending on the seriousness of the injury, the extent of the necessary medical treatment, and the time required for recovery. Sometimes a slip-and-fall accident requires ongoing medical care, such as physical therapy or follow-up appointments with a specialist. These continuous medical costs can quickly mount up and have a major impact on the total cost of the accident.
Carabin Shaw has helped thousands of victims obtain fair compensation for their injuries. Read about their experiences on Carabin Shaw’s client reviews website. Contact us toll-free at 800-862-1260. Our bilingual staff is available 24/7.
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