What is Comparative Negligence?
Comparative negligence is a legal concept that determines how responsibility for an injury is divided between the parties involved. In a premises liability case, this means that the injured person’s actions may be evaluated to determine how much they contributed to their own injury. Pennsylvania follows a comparative negligence system, which means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, let’s say you slipped and fell on a wet floor in a grocery store. If the store was negligent in not cleaning up the spill, they may be held responsible for your injury. However, if you were distracted or not paying attention when you fell, you could be found partially at fault. In that case, the court would reduce your damages based on how much you contributed to the accident. The more responsible you are for the injury, the less compensation you may receive.How Does Comparative Negligence Affect Your Case?
When comparative negligence is applied to a premises liability case, it becomes important to understand how much fault you share in the incident. Pennsylvania courts use a system called modified comparative negligence. This means that if you are found to be more than 50% at fault for the accident, you will not be entitled to any damages. If you are found to be 50% or less at fault, you can still recover compensation, but it will be reduced by your percentage of fault. For example, if a court finds that you were 30% at fault for your injury and the total damages are $100,000, you would only be entitled to $70,000. The remaining 30% is subtracted because that is your share of the responsibility for the accident.“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!
- Miguel Lopez
How Does This Apply to Premises Liability Cases?
Premises liability cases are those where someone is injured on another person’s property due to hazardous conditions or negligence. This can include slip and fall accidents, inadequate lighting, faulty staircases, and many other dangerous conditions. In Pennsylvania, property owners have a responsibility to maintain their premises in a safe condition for visitors. If they fail to do so and someone is injured as a result, they may be held liable for the injuries. However, even in these cases, the injured party can be held partially responsible. If you are injured on someone’s property, the property owner may argue that you were negligent in some way. For instance, they might claim that you were not paying attention or ignored warning signs. This is where comparative negligence comes into play. The court will evaluate the evidence and determine how much fault each party shares in the incident.Related Videos
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