Comparative Negligence in Slip and Fall Cases

 Posted on July 26, 2022 in Personal Injury

A slip and fall accident can happen very suddenly and without warning. One moment, you are walking through the dairy section of your local grocery store, and the next you are in a neck brace being loaded into an ambulance. Generally, the party in control of the premises where you got hurt is liable for your injuries. However, in some cases, the injured party bears some responsibility for the accident.

In Illinois, the amount of compensation you are awarded may be reduced if you were partially at fault for your fall. If the accident was mostly your fault, you may not be able to recover anything. It is very common for premises owners to defend themselves by arguing that the injured person was at fault. You will need an experienced lawyer to help you fight back.

What is the Modified Comparative Negligence Rule?

Illinois uses what is called “modified comparative negligence.” In short, this means that the amount of your award will be reduced by your percentage of fault. For example, if you are found to be 25% at fault for your accident, your award will be reduced by 25%. So, if you win $100,000 but were 25% at fault, you will only receive $75,000.

However, if you are found to be more than 50% at fault for your accident, then you will not be able to recover damages at all. This can prompt the premises controller’s legal team to try arguing that you were the negligent party and should not win anything.

Examples of Possible Negligence by a Slip and Fall Plaintiff

There are a number of ways that a person who slipped and fell could have been careless. Examples include:

• Distraction - If you were looking down at your phone while walking, this could be considered carelessness on your part. The defense may argue that you would have seen that the floor was wet if you were looking.
• Running - If you were running indoors in a place where running is not appropriate, you might hear the defense claim that you would not have slipped if you were walking normally.
• Intoxication - If you were under the influence of alcohol or another drug, the court may believe that your intoxication contributed to the fall.

An attorney can give you a better understanding of how Illinois’ comparative negligence rule could affect your claim.

Call a DuPage County Premises Liability Lawyer

Mevorah & Giglio Law Offices is committed to helping people who were injured in a slip and fall accident recover compensation. Our Naperville premises liability attorneys fight to hold the premises controller liable to the fullest extent possible. Call 630-932-9100 for a free consultation.