Can You Be Partially at Fault in a Slip and Fall Case?

When we tell our clients that they could be held partially responsible in their slip and fall case, many of them laugh. They can’t possibly imagine how anybody could argue that a slip and fall victim was somehow responsible. The way it works is your East Point personal injury lawyer has to prove that the property owner did not keep their conditions in a safe and clean condition. One way to do this would be to prove that their floors were wet or slippery during a snowstorm. Another way would be to show that they had fallen items or goods scattered across the floor that were never cleaned up. Our Georgia injury lawyers know exactly how to prove a slip and fall case.

What you may not realize is that as hard as our attorneys are working for you, the defendant’s attorneys are working for them as well. Even if they feel they will be held responsible for your injuries, they will look for any way possible to keep the amount they have to pay you low. This means that their attorneys will look for ways to show that you were partially at fault for your slip and fall.

Here, we will explain how and why most slip and fall accidents happen. Then we’ll discuss how slip and fall victims can be held partially responsible for their own injuries. Finally, we will explain what happens if you are found partially at fault. If you still have questions about your own slip and fall case, or any personal injury case for that matter, contact our office. You can schedule your free, initial consultation with one of our Georgia injury lawyers over the phone or through our website.

Where Do Most Slip and Fall Accidents Take Place?

Most slip and fall accidents take place on commercial properties. Others may happen in public buildings or common areas. For example, you may know somebody who slipped and fell at a store during a nasty snowstorm because the floors were wet. Or you may have been walking through a hardware store and slipped on a pile of nails or screws that had spilled all over the floor and were not cleaned up. These things happen to people just like you every day. The difference is that not all people all sue for damages. That would only make sense if you suffered serious injuries. Given the fact that the defendants in most of the above cases are large companies, they’re going to have legal defense teams that have unlimited funds to spend. They will look at hours of video and speak to dozens of witnesses if it means they can get out of paying your claim.

slip and fall

The Defendant Will Claim You Were Partly at Fault

One way for the defendant and their insurance company to get out of paying your damage is to argue that you were partially at fault for your slip and fall. You may not be able to fathom how they can make this argument. However, our Georgia injury lawyers have decades of combined experience and have seen all sorts of things happen in a courtroom. For example, imagine that you slipped and fell at your local grocery store while you were in the produce section. The mists of water that are supposed to be directed towards vegetables were somehow creating a puddle on the floor. You are on your way home from work and ran in the store to grab a few things. You happen to still be wearing your four-inch heels that you wore to the office. The defendant’s lawyer is going to say that, had you been wearing sensible shoes to do your grocery shopping, you never would have fallen in the first place.

Another argument we’ve seen over the years has to do with patrons who slip and fall at a restaurant, bar, or nightclub. The defendants in these cases claimed that if the victims had not been drunk at the time of their fall, they would not have gotten hurt. In fact, most of these defendants argue that the only reason the plaintiff fell was because they were drunk. Believe it or not, these arguments and others like them carry a lot of weight with mediators and juries.

In cases like this, your East Point personal injury lawyer will work hard to negotiate a settlement on your behalf. The last thing they want to do is go to trial and have you lose. They also understand that they’ll have to take into consideration the defendants claim that you were partially at fault when they enter settlement negotiations. Just know that your attorney will work as hard as possible to get the compensation you deserve.

You Should Meet with a Georgia Injury Lawyer Right Away

If you were involved in a slip and fall accident somewhere and suffered serious injuries, then you may have a legal claim for damages. The only way to know for sure is to meet with a Georgia injury lawyer as soon as possible after your fall. Presumably, you should have a copy of your accident or incident report that was filled out at the time of your slip and fall. This form will contain valuable information that your East Point personal injury lawyer will be able to use to prove your case.

At the same time, there may be statements made by witnesses that could hurt your case. As described above, there are different situations in which you could be found to be partially at fault. Even though you can still collect damages if you’re deemed partially at fault, you want to get as much compensation as possible. Having a Georgia injury lawyer by your side can increase the chances of that happening.

We recommend that you call our office within a day or two of your slip and fall accident. Ask if you can schedule your free, initial consultation over the phone or you can do so through our website. Once you get into the office, you can sit down with an East Point personal injury lawyer and go over your case. If they think that there’s a chance that you could be found partially at fault, they’ll let you know. Our associates are always up front and honest with their clients. If we have a feeling your damages could be reduced because you were partly at fault, we would want you to know ahead of time. We would also expect that you would be upfront and honest with us from the beginning as well. If there’s something you think we should know that could impact your case somehow, make sure to disclose this in our first meeting.

Since your initial consultation is free, you have nothing to lose. You can bet the defendant will have a team of lawyers representing them and you should have somebody in your corner as well.