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Geller Tamayo, LLC

When it comes to slip-and-fall accidents, the at-fault party (who is usually the owner of the property) will almost always assert that the injured party was at fault for the accident, at least to some degree. The at-fault party will claim that the injured party “should have known better” or “should have used more care” in order to avoid the incident which led to the injury.

Determining whether the client was partially at fault for the accident is not a black-and-white issue, which is just one reason it is so important for injured parties to speak to an attorney. An attorney can guide their injured client through potential hazards of dealing with an insurance’s liability adjuster or owner representative. Even if the client is eventually determined to be partially at fault, the property owner could still be held liable, and the client would not be prevented from recovery on a personal injury claim. However, the amount of recovery may be reduced by the percentage of fault attributed to them. For example, if the client were found to be 50 percent at fault in a case with a jury verdict of one million dollars, then the client could still be awarded 50 percent of the overall judgment ($500,000).

The issue of partial fault on the part of the injured claimant is not a black-and-white issue. Instead, it is something that is litigated throughout the course of the claim. Individuals should not be deterred from filing a claim simply because they may have been partially at fault for the accident.

Under What Circumstances Might A Property Owner Not Be Held Liable Due To The Reasonable Person Standard?

The circumstances under which a property owner might not be held liable due to the reasonable person standard depends on the property owner’s ability to avoid a foreseeable accident. In each case, the answer will depend on how reasonable it would have been for the claimant to avoid the accident. If the accident was overwhelmingly or entirely caused by the person who was injured, then that would interfere with their ability to pursue a claim and obtain a recovery.

Public policy and even lawyers aren’t on board with pursuing claims on behalf of people who injure themselves, and part of what we do is to filter out those scenarios. We can’t say “Yes” to every claim that walks through the door, because if someone injured themselves doing something they shouldn’t have been doing, then we cannot force someone else to pay for their injuries.

However, part of our investigation involves trying to determine who caused the injury and whether it could have been avoided by the client. We have to look in the mirror sometimes to figure out if the client is the reason the accident happened. If we determine that the client was largely or entirely responsible for the accident, then we may have to have a conversation with the client (one they probably won’t want to hear). Notwithstanding, we make every effort to make our clients whole and we have had great success in developing winning strategies for our injured clients.

For more information on Partial Fault In A Slip And Fault Accident In FL, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 379-8030 today.

Geller Tamayo, LLC

Call Now For A Personalized Case Evaluation
(954) 379-8030 | (786) 785-2555

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