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How does shared fault affect a slip and fall case?

On Behalf of | May 27, 2022 | Personal Injury |

If you suffer an injury in a slip and fall accident on another person’s property, they could be responsible for your damages.

However, if the fault is not entirely one-sided, Lousiana law may still allow you to recover some compensation.

Arguments from the defense

Once you file a lawsuit against the property owner, you should expect the insurance company or defendant to respond with accusations of shared fault for the accident. They may even attempt to shift all blame in your direction. Some common arguments include:

  • You diverted your attention elsewhere instead of watching where you walked.
  • Your footwear was inappropriate.
  • You went to an area of the property not open to visitors.
  • A reasonable person would notice the hazard that caused your accident.

If the defense successfully proves you share responsibility for the accident and damages, you can still recover compensation.

Comparative negligence law

Under the comparative negligence rule, the court determines the total cost of damages and then assigns a percentage to each party’s portion of fault. Then, the court reduces the total damages by the percentage of fault assigned to you, the plaintiff.

Lousiana mandates the use of the pure comparative negligence rule, under which you are still eligible for compensation even if you are as much as 99% responsible. For example, if the total damages is $10,000 with your percentage of fault at 70%, you can still recover $3,000.

Proving fault in a slip and fall case is often challenging, but even partial payment for damages can help alleviate some of the financial burdens.