What Is Comparative Negligence in Premises Liability?

If you’re injured on someone’s property, you can seek compensation under premises liability rules. However, determining fault isn’t always straightforward if you’re partly responsible for the accident. This is where the legal concept of comparative negligence comes into play.

If you’re injured in an accident for which you may have been partly at fault, talk to a premises liability lawyer for advice.

Understanding Premises Liability

Property owners are liable for injuries on their property because of unsafe conditions. They must take reasonable action to ensure the safety of their property. This can include repairing sidewalk cracks and placing signs to warn of slippery floors.

The classic example of a premises liability claim is a store owner who fails to remove a slippery substance from the floor, causing a customer to slip and fall. However, just because you slipped and fell on another person’s property doesn’t automatically mean the other party is entirely at fault.

Comparative Negligence

Comparative negligence allows courts to divide fault between the property owner and the injured person when both are partly to blame. Comparative negligence adjusts the amount of compensation based on each party’s level of responsibility. So, it doesn’t keep you from receiving compensation if you’re partly to blame.

For example, if you’re involved in a fall accident or a car accident and found to be 20% responsible for the accident, 20% of the recovery for damages is deducted from your award. The jury comes up with the percentage.

Comparative negligence can be applied in many personal injury cases, including premises liability and vehicle accidents.

Types of Comparative Negligence: Pure vs. Modified

There are three approaches to negligence:

• Contributory negligence: Contributory negligence is a complete barrier to recovery. If you’re responsible for the accident in any way, you’ll get no financial compensation. This has been criticized as the all-or-nothing theory of recovery.
• Pure comparative negligence: You can obtain compensation, but the amount is reduced by your percentage of fault.
• Modified comparative negligence: Two rules apply that hinge on the degree of fault. Under the 50% bar rule, you can’t recover damages if found to be 50% or more at fault. Under the 51% bar rule, you can’t recover damages if assigned 51% or more of the fault.

States and Comparative Negligence Law

Traditionally, states followed the doctrine of contributory negligence. This held that any negligence on your part would prohibit you from financial compensation. Today, only a handful of states follow this rule. The majority of states (33) follow some form of comparative negligence. About a dozen states use pure comparative negligence.

Alaska, California, and New York apply a pure comparative negligence model to personal injury claims.

Florida, Illinois, and Texas use modified comparative negligence. In Illinois, someone injured can only seek damages if they are less than 50% responsible for their injury. In Texas, you can’t collect from the other at-fault party if you’re more than 50% responsible for your injury. Colorado uses the 50% bar rule.

Alabama, Maryland, North Carolina, Virginia, and Washington, D.C. apply contributory negligence.

Examples of Comparative Negligence in Premises Liability Cases

The level of fault and state laws affect the compensation you can recover in premises liability cases involving comparative negligence.

For example, suppose you’re shopping in a store where there’s water on the floor, but no warning sign is displayed. The state follows pure comparative negligence. You didn’t see the wet spot because you were texting, and you slipped and fell. If it’s determined that you were 30% responsible because of being distracted, your compensation for the accident will be reduced by 30%.

In a state that uses the 50% bar rule, a homeowner fails to repair a broken step. You, a guest, trip and fall. However, you were wearing inappropriate footwear, which contributed to the accident. The court determines the homeowner is 60%, and you’re 40% at fault. Since your fault is less than 50%, you can recover damages, but the amount will be reduced by your percentage of fault. If damages total $20,000, you receive $12,000.

In a state that uses the 51% bar rule, you slip on icy stairs at your apartment complex. The landlord hadn’t cleared the ice, but you were running down the stairs at the time of the fall. The court finds the landlord 55% at fault. You are 45% at fault. Because your fault is less than 51%, you can recover damages. If the total damages are $15,000, you receive $8,250.

Factors in Determining Fault

Several considerations determine fault. They include:

• Whether you disregarded warnings
• Whether you failed to notice obvious hazards
• Whether the property owned failed to maintain safe conditions or post warning signs
• The condition of the property, such as lighting and weather conditions

Various evidence, such as eyewitness testimony and traffic camera footage, can also establish whether you were partially at fault.

Navigating Cases Involving Comparative Negligence

Filing a personal injury lawsuit is an effective way to gain compensation for damages. You can take the following steps to strengthen your premises liability case where comparative negligence may be an issue.

• Gather evidence immediately: Documenting the accident scene can prove the property owner’s fault. Take photos or videos, gather witness contact information, and note any relevant details. Relevant details include lighting, weather conditions, or warning signs.
• Seek medical attention as soon as possible: This will help create a record of your injury’s cause and severity.
• Be careful when giving statements to the insurance company: Insurance companies may attempt to minimize a property owner’s responsibility by focusing on your actions. Don’t admit fault or say things that can be used against you.
• Work with an experienced lawyer: A premises liability attorney can increase the likelihood of a favorable outcome. A lawyer knowledgeable in premises liability and comparative negligence laws can evaluate your case, gather more evidence, and advocate for a fair assessment of fault. Lawyers know how to negotiate with insurance companies.

Most lawyers offer a free case evaluation. So, you rarely have to pay an upfront fee.

A Lawyer Who Can Help

A personal injury attorney understands the comparative negligence rule. They can provide guidance and legal advice if you need help because of a premises liability case. Contact a premises liability lawyer to find out how to protect your rights.