How Does Comparative Or Contributory Negligence Apply To A Slip And Fall?
Comparative or contributory negligence applied to a slip and fall is the same as the negligence case with some slim exception. For this discussion here, comparative fault is basically basing your percentage of fault on the other side presumptive percentage of fault and then reducing the liability based on the difference of fault. It’s just a replacement of the old contributory negligence standard which basically said if you’re at fault in any degree, you could not recover from the other side. Comparative fault replaces that and says, “We’re going to limit your recovery but you are able to get up to the other side’s percentage of fault”, so that’s really the difference. Comparative fault in a slip and fall case is still the same basis; it’s still the same depending on whether or not you did something wrong. Maybe you were wearing high heels, and that sounds horrible, or maybe you were wearing sunglasses in a dark lit place or something of that nature. That is a measure that only can be claimed as a comparative factor and they may try to reduce your liability based on the actions that you had or the actions that you did while coming into a store or coming into some land owner’s property.
How Often Do Slip And Fall Cases Settle Instead Of Going To Trial?
Most slip and falls probably settle faster than an automobile accident. There tend to be more resolutions toward a person who falls. I don’t know the psychology behind this, but perhaps there is a higher expectation of damages when vehicles are involved. Sometimes there are situations where the landowner or the insurance company for the landowner just deny liability in total and therefore you have no choice but to go to trial. How fast one does resolve a case in the slip and fall is probably about a month after final treatment when some resolution is offered.
Additional Information About Slip And Fall Accidents In Missouri
You need to know the jurisdiction, the time limits that you have a slip and fall in. For example, a slip and fall on a public property where such as you’re walking in the city and the sidewalk is kind of uneven or potholed or something of that nature basically and you fall and have the injury. In municipalities, you are under a restrictive time limit to notify the city of the damage. In Saint Louis, Missouri, that time limit is 90 days from the date of the injury. Most cases are not municipality cases and in fact are landowner cases or a store property. You have up to five years on a normal negligence statute. There is something else that we need to talk about and that is the level of status the client becomes. For example, if he’s a patron in a store, then that person is really an invitee versus someone else. An invitee for the benefit of the store is owed the highest degree of care. This is different than someone that is just walking outside who slip and fall. In other words, the standard of care for somebody that you invite into your premises or your store is higher than what it would be for someone who just kind of walked in and trespassed. Those factors are things that need to be considered when a lawyer takes on the case as to what status the client is in before he takes on that case.
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