Understanding Comparative Negligence in Pennsylvania
Comparative negligence plays a significant role in slip and fall cases in Pennsylvania. It is a system used to allocate fault between the parties involved. If you slip and fall on someone else’s property, the court or insurance company will look at the circumstances surrounding the accident to determine if you share any responsibility. For example, they will consider whether you were distracted or not paying attention, if you were in an area marked off for safety reasons, or if you were wearing proper footwear for the conditions. If it is found that you are partly responsible for your own injuries, the amount you can recover will be reduced by your percentage of fault. Pennsylvania uses what is known as the 51 percent bar rule. Under this rule, if you are found to be 51 percent or more at fault for the accident, you cannot recover any compensation. However, if you are 50 percent or less at fault, you can still receive a settlement. The key aspect to understand is that any compensation you receive will be reduced by your percentage of fault. For instance, if you were awarded $10,000 in damages but found to be 20 percent at fault, your settlement would be reduced by 20 percent, and you would receive $8,000.“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!!
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How Fault is Determined in Slip and Fall Cases
In slip and fall cases, determining fault is not always straightforward. Both the injured person and the property owner may present evidence to show who was responsible for the accident. The property owner may argue that they took reasonable steps to keep the area safe or that the dangerous condition was obvious and could have been avoided. On the other hand, the injured person may argue that the property owner failed to maintain a safe environment or did not provide adequate warnings about potential hazards. The court or insurance adjuster will examine various factors to determine fault. These factors may include whether the property owner knew or should have known about the dangerous condition, whether they had time to fix it, and whether the injured person was acting in a safe and reasonable manner at the time of the accident. Eyewitness statements, photographs, surveillance footage, and maintenance records may all be used to help establish fault. Comparative negligence means that even if you are partly responsible for your accident, you can still recover damages as long as you are less than 51 percent at fault. This makes it crucial to gather as much evidence as possible to show that the property owner was primarily responsible for the accident.Impact of Comparative Negligence on Settlement Amounts
When it comes to settling a slip and fall case in Pennsylvania, comparative negligence directly impacts how much compensation you may receive. If you are found to be partially at fault, your settlement will be reduced by your percentage of responsibility. This is why it is important to understand how your actions leading up to the accident may affect your ability to recover damages. For example, let’s say you slip and fall in a grocery store because there was a wet floor, but there were also warning signs posted that you did not notice. The court may find that you are 30 percent responsible for your injuries because you did not pay attention to the warning signs. If your total damages are calculated to be $50,000, your settlement would be reduced by 30 percent, meaning you would receive $35,000. In some cases, the property owner’s insurance company may try to argue that you are more at fault than you really are in order to reduce the amount of money they have to pay. This is why it is important to have legal representation to help prove that the property owner was primarily responsible for the accident. An experienced attorney can gather evidence, such as maintenance records or surveillance footage, to show that the property owner failed to keep the premises safe.Related Videos
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