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Modified Comparative Negligence: Slip and Fall Accident

• Hellen
  Clearwater Solicitors...

A more general type of comparative negligence is named as Modified Comparative negligence. When following this rule, the claimant’s liability cannot be over the defendant’s liability in order for the claimant to get back any settlement.

When the court concludes that the claimant holds 51% liability, the claimant loses settlement (gets not anything). However, when the liability is 50/50, the claimant can still get half part of settlement under this negligence rule. If, for instance, the claimant is rewarded $200,000, and the court concludes that the claimant and defendant have both 50% liability, the judge will make a decision for $100,000.

On the other hand, a few states that practice modified comparative negligence must consider that the claimant’s liability be under as compare to the defendant. In such states, when the court comes to fact that the negligence is divided 50/50, the claimant loses. In such states, the claimant can just win when his/her liability was under 50%.

Contributory Negligence

Only a few states still practice "contributory negligence" regulations. In such states, there can be a few much hard-to-bear results for personal injury claimants. As a consequence, the claimant loses when he was even the littlest part of negligent in relation with the related accident. Despite the fact that the claimant has 1% liability for his/her injury, the claimant will get not any settlement.

Application of Comparative Negligence with Premises Liability Cases

Since these regulations can get much complicated and they are different from state to state, you need to talk with an skilled local lawyer when you ask about a likely premises liability case.

Let’s explore a few different types of premises liability cases.

Slip and Fall. It is the simplest premises liability case. It takes place if you slip and fall on somebody else’s property. A few common things that can cause a slip and fall accident are:

• imperfect staircases
• gathering of ice or snow
• sopping floors
• slippery floors
• hidden electrical extension wires
• unsafe carpets
• doorways, and
• loose or damaged floor, walkway, step, or stair.

Insufficient building safety measures: Such cases generally give rise in public housing buildings or offices. Owner of such building has an obligation to take reasonable care in insuring access to the building. As a consequence, big public housing buildings and offices normally have doorkeepers or security guards on the ground floor and small public housing buildings usually require the renters to make both the front and back doors safe and sound. When somebody comes in forcefully (or just come in through an wide open door) and attacks or kills somebody in the building, that victim may submit a premises liability lawsuit in court against the building owner when it can be established that the building owner did not consider practical safety measures to ensure the building safety.

Swimming pool injuries: They usually involve kids, an invalid and unsecured pool. Therefore, nearly all states and administrative divisions are practicing laws and ordinances considering obligation that swimming pools must have a fence installed around them, frequently with a gate.

Smith has years of experience in the personal injury solicitors and healthcare sector and is constantly striving to deliver the highest possible standards of patient welfare and to ensure hospitals abide by the strictest health and safety regulations.

Geek, H. 2014, Modified Comparative Negligence: Slip and Fall Accident.

Tags: Personal Injury Solicitors, Accident,