Isenberg & Hewitt, PC | A Business And Personal Injury Law Firm | Since 1989
Isenberg & Hewitt, PC | A Business And Personal Injury Law Firm | Since 1989
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Injured person and property owner can share liability

On Behalf of | Aug 22, 2016 | Personal Injury, Premises Liability

Slip-and-fall accidents can happen in Georgia for a multitude of different reasons. A grocery store may have cluttered aisles, a parking lot may be icy or a mall shopper may have dropped a shopping bag and tripped over it. While many slip-and-fall accidents are caused by a property owner’s negligence, some are partially the fault of the injured party.

An injured person who was partially to blame for a slip-and-fall accidentmay still be able to pursue a claim against the property owner. The damages that the injured party can receive will depend on how much fault they have in the accident and state-specific laws about negligence.

A few states employ a contributory negligence standard that prevents injured parties from recovering damages if they are even 1 percent at fault. In states with a pure comparative negligence standard, the property owner can be ordered to compensate the injured party according to their contribution to the accident. In other words, a property owner that was 25 percent at fault for a slip-and-fall accident must financially compensate the victim for 25 percent of their damages. Other comparative negligence states do not allow injured parties to be awarded compensation from a property owner unless the property owner is at least 50 percent at fault for the accident.

A person who was injured in a slip-and-fall accident may want to talk to an attorney about who was at fault for the accident. An attorney can explain what the court will advise the jury and what percentage of damages the injured party might be entitled to receive.


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