Slip and fall accidents can occur unexpectedly and result in significant injury. When pursuing a claim, the actions of all parties involved are scrutinized, including your own. But how can your own actions impact the outcome of your claim? In this article, we’ll unravel the concept of comparative negligence, or in simpler terms, how the idea of “shared blame” works in slip-and-fall cases.

What is Comparative Negligence?

Comparative negligence is a legal concept that is used when the person who is injured (the plaintiff) also bears some responsibility for the accident. It basically means that the blame for an accident isn’t entirely one-sided. Instead, it’s shared between the injured person and the person or entity they’re trying to hold responsible for their injuries. South Carolina is a “Modified Comparative Negligence” state and allows for a plaintiff to bring suit against another liable party unless the plaintiff was more than 50% at fault. In the event of a plaintiff being more than 50% at fault, that plaintiff is barred from recovery in South Carolina.

How it Works in Slip and Fall Cases

If you’re injured in a slip-and-fall accident on someone else’s property, it might seem clear that the property owner should be responsible for your injuries. But sometimes, it’s not that straightforward. Let’s imagine a scenario where you’re walking into a grocery store, and you slip on a wet floor. You didn’t see the puddle because you were busy texting on your phone. In this case, you might be found partially responsible for the accident because a reasonable person would have been paying attention to where they were walking.

The Impact on Your Claim

The shared blame or comparative negligence can significantly affect the outcome of your slip and fall claim. In many states, if you’re found to be partially at fault for the accident, your compensation will be reduced by the percentage of your fault. For example, if you were found to be 20% at fault for the accident in the grocery store, and your total damages were $10,000, you would only receive $8,000 after the 20% reduction. That’s the case in South Carolina. Again, if the plaintiff’s fault goes beyond 50%, the plaintiff cannot recover under South Carolina’s modified comparative negligence standard.

Protecting Your Claim

To protect your claim, gathering as much evidence as possible from the accident scene is essential. This includes photographs, witness statements, and any surveillance footage that may be available. Additionally, avoid making any statements admitting fault at the scene, as these could be used against you later.

Seek Legal Advice

Slip-and-fall cases can get complicated, especially when comparative negligence comes into play. It’s wise to consult with a personal injury attorney who can guide you through the process, explain how shared blame could impact your case, and help you fight for the compensation you deserve.

In Conclusion

Your own actions can indeed affect your slip-and-fall accident claim. Understanding the concept of shared blame or comparative negligence is vital in ensuring you navigate your claim effectively and fairly. Keep in mind legal matters often involve complexities and nuances, not just simple and straightforward answers. Your actions and the property owner’s actions can play a role in the accident, and this will be reflected in the outcome of your claim.