In the state of Indiana, Slip and fall incidents can result in significant challenges, one of those is determining comparative fault. The legal principle of comparative fault plays a pivotal role in determining the compensation the injured party will ultimately receive. If you have experienced a slip and fall incident which resulted in injury, understanding this principle is key. Keep reading to learn more.
What is Comparative Fault?
At its core, comparative fault is a concept which distributes responsibility between an injured individual and the party who is held accountable for the incident. In Indiana, when an individual experiences a slip and fall injury, a jury assesses the percentage of fault assigned to the injured party. Any damages received by the injured party is therefore reduced by that determined percentage. For example, if a jury determines that an individual is 10% at fault for a slip and fall incident and awards $100 in damages, the individual would receive $90 in compensation.
Comparative Versus Contributory Negligence
While comparative fault is the prevailing norm, when a government agency is involved, Indiana deploys contributory fault. Under this strict rule, if the individual injured is found at fault, even if just by 1%, any recovery is prohibited. If you or someone you know has experienced a slip and fall incident at a government agency, such as a police station, it is crucial to secure a personal injury attorney who can help navigate the legal complexities involved in such cases.
Establishing Fault
When establishing fault in slip and fall cases, juries address two fundamental questions. First, whether the property owner knew, or should have reasonably known, about a hazardous condition without addressing it. Second, they address and scrutinize the actions of the injured party. Was the person who was injured inattentive and distracted (perhaps too busy texting), or were they neglectful and ignored warning signs?
Countering Arguments
Business owners and property managers may attempt to shift blame away from themselves by arguing that the injured person was not paying attention. In response, a counter-argument involves highlighting overhead sale signs or other advertisements which are intentionally designed to draw customers’ attention away from the floor. The result is customers’ who assume the floor is clear and safe to walk on.
Hiring an Attorney
A seasoned slip and fall attorney can play a pivotal role in these cases. They often are aware of all of the legal pitfalls and can work on strategically minimizing assigned fault while maximizing compensation. They are aware of the common defenses suggesting individuals should perpetually keep their gaze directed downward while walking, and skillfully argue that stores actively attempt to capture their customers’ attention elsewhere.
Beyond this, a slip and fall attorney will know where to look and how to gather crucial evidence to help secure a strong case. This not only can maximize compensation but also allows you to focus on recovering from all injuries sustained.
Make the Right Call
When the allocation of fault is determined, it can have a significant impact on the compensation for the injured individual. The attorneys at the Marc Lopez Law Firm understand the process If you or someone you know is facing the aftermath of a slip and fall injury, enlisting the help of a dedicated personal injury attorney is crucial.
At the Marc Lopez Law Firm, we empathize with the frustration frequently experienced by slip and fall injury victims. Allow us to navigate all the legal complexities and intricacies, transforming your frustration into fair compensation. Reach out to us today at 317-632-3642.
