Slip and Fall Injury: Can an Injured Victim be Liable for Their Injury?
When it comes to an injury due to an accident, not all of the situations involve scenarios where one person is completely at fault and the other is completely free of fault.
Was the Injured Victim "Careless"?In almost every slip and fall case, it has to be determined if the carelessness of the injured victim contributed to the accident. However, even if there is found a shared responsibility, California negligence laws follow the legal doctrine of "comparative negligence," which allows a plaintiff to sue for the percentage of damages attributable to the defendant.
Questions to Ask When Evaluating the Strength of a Slip and Fall CaseThe following are some questions a person should ask themselves in regard to their own conduct that could have resulted in their injury:
- Was the person on the property legally?
- Did they have a legitimate reason for being where the dangerous area was?
If so, should the property owner have anticipated this reason?
- Would an ordinary person have noticed the dangerous area and would they have avoided it?
- Were there any warnings that the area entered may be dangerous?
- Was the person doing anything that distracted them from paying attention to where they were going?
- Were they wearing proper footwear?
What an Insurance Adjuster Looks for in Evaluating ClaimsIt should be noted, that an insurance adjuster will almost certainly ask the questions above when a claim is filed. Although a person does not have to "prove" to an insurance adjuster that they were careful, it is wise to give thought to what the circumstances were immediately before the incident and to prepare to describe such details clearly to the insurance adjuster.