If you’ve been injured on someone else’s property in Pennsylvania, you may be feeling confused, frustrated, and uncertain about what to do next. You may have concerns about the legal process and how your actions at the time of the injury will affect your case. If so, you are not alone. Many people in similar situations feel the same way. At McDonald At Law, we understand how difficult it can be to navigate a premises liability case, especially when comparative negligence is involved. If you are dealing with a case like this, we are here to help. Our team is committed to guiding you through the complexities of your case and ensuring that you have the best chance of a successful outcome.
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
In Pennsylvania, it is important to remember that even if you were partially at fault, you may still have a case. Your chances of recovering compensation depend on the facts of the case and how the court assigns fault. It is important to have an attorney who understands how comparative negligence works and how to present your case in the best possible light.
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.
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In a slip and fall case, for example, if you were walking too fast or distracted, the defendant might argue that you were partly responsible for the fall. They may use evidence such as video footage or witness testimony to show that your actions contributed to the injury. If the court finds that the property owner was still more at fault than you, you may be able to recover some damages, though your compensation will be reduced based on your level of fault.
How Does Comparative Negligence Impact Your Damages?
Understanding how comparative negligence affects your case can help you anticipate the potential outcome. If you are found to be partially at fault, your damages will be reduced according to your percentage of responsibility. This reduction can have a significant impact on the amount of compensation you ultimately receive.
In a typical premises liability case, damages can include medical expenses, lost wages, pain and suffering, and other costs associated with the injury. If you are found partially at fault, the amount you receive for these damages will be reduced. It’s important to be aware of this potential outcome so you can plan accordingly.
For example, if your medical bills total $50,000 and the court finds you to be 20% at fault, your compensation for medical expenses could be reduced to $40,000. Similarly, if you are seeking compensation for pain and suffering, that amount will also be lowered based on your degree of fault. The more fault you are assigned, the less compensation you will be entitled to.
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How Can an Attorney Help You Navigate Comparative Negligence?
Comparative negligence can make premises liability cases more complicated, but it is not an insurmountable obstacle. Having an experienced attorney on your side can make a significant difference in the outcome of your case. Your attorney can help you gather evidence to prove that the property owner was more at fault than you, and they can work to minimize your degree of fault.
In premises liability cases, your attorney will work to show that the property owner’s negligence played a significant role in your injury. They will investigate the circumstances of the incident, gather evidence, and speak with witnesses to build a strong case. Your attorney will also help you understand the law and how comparative negligence might impact your case.
If you are facing a premises liability case and are concerned about how comparative negligence may affect your claim, it’s important to have someone who can help you navigate the legal process. A skilled attorney will fight for your rights and work to ensure that you receive the compensation you deserve.
Why Choose McDonald At Law?
At McDonald At Law, we understand how stressful and overwhelming it can be to deal with a premises liability case, especially when comparative negligence is involved. Our team is dedicated to helping clients who are struggling with injuries caused by unsafe conditions on someone else’s property. We will stand by you every step of the way, working to build a strong case and ensure that you get the best possible result.
If you or a loved one has been injured due to hazardous conditions on someone else’s property, contact us today. We are here to listen to your concerns, answer your questions, and guide you through the legal process. Let us help you get the compensation you deserve.