Slip and fall in South Florida

How Does Comparative Fault Impact Your Florida Slip and Fall Case?

If you fall and hurt yourself at the mall or a restaurant, you’re going to expect to be compensated for your injuries. And, for the most part, if you suffer a slip and fall in South Florida, you will receive this compensation. However, this isn’t always the case. If you did something that contributed to your fall, you may be held partially responsible. If this happens, your damages will be considerably reduced.

In some states, if the court finds that you were partially at fault, your entire claim will be dismissed. This would mean that, if you fell in a store a few feet from a “wet floor” sign, you may not recover anything from the defendant. Thankfully, Florida isn’t like this. In Florida, the law is a bit different. Florida follows the more popular comparative negligence rule. Under this rule, while your claim won’t be barred for being partially at fault, your damages will be reduced.

How Does Comparative Fault Work in South Florida?

If you are found to be partially at fault for any personal injury in South Florida, your damages will be reduced. Specifically, your damages will be reduced by your percentage of fault. So, if you’re found to be 30% at fault, your damages will be reduced by 30%. For example, if you sue for $200,000, and are found 30% at fault, your claim will be dismissed by $60,000.

Some people wonder how you could possibly be found partially at fault for a slip and fall. Well, there are situation where this is the case. Let’s consider someone who’s shopping in the grocery store wearing stiletto heels. This isn’t the kind of attire you’d think was appropriate for shopping for food. Knowing the produce section could be slippery or wet, does it make a lot of sense to wear high heels? A jury could find that you fell not because of an unsafe condition in the store – but because you were wearing unreasonable footwear.

A South Florida Injury Lawyer Can Help Get You Damages

If you suffer a slip and fall, you really should call an experienced personal injury lawyer in South Florida. The last thing you want to do is lose half your money because the defendant says you were at fault. Your attorney will fight to prove that the defendant is the one who caused your slip and fall.

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