Does An Injury Lawyer In Mississauga Know About Comparative Negligence In Slip And Fall Injuries?
While slip and fall accidents are admissible in personal injury lawsuits, what happens when you slip on someone else’s property due to your own fault. In such instances, can the property owner deny any liability for the injury or he is bound to pay since the accident happened on his property. Any personal injury lawyer In Mississauga will be able to tell you that the property owner is free of any such liabilities in case the injury happened due to the fault of the victim. However, there are many situations within this wherein comparative negligence can lead to shared liability sometimes.
Comparative negligence in slip and fall accidents comes into play wherein the victim has slipped and injured themselves on someone else’s property. When the fault of the victim in such a case is compared with the fault of the defendant, comparative negligence comes into play. During the trial, the jury weighs the two and then gives a verdict which has to be then followed by both the parties. This is a defense that is normally raised by the injury lawyer In Mississauga hired by the defendant and it makes the jury look at the evidence which also showcases some liability on the part of the plaintiff.
In comparative negligence, the personal injury lawyer In Mississauga hired by the defendant has to prove in front of the jury or the judge that the plaintiff was negligent and that was the reason the accident was caused. However, it would come as a relief to the plaintiff that even in these cases, the plaintiff does not need to prove that he was not negligent. Instead the defendant needs to prove with enough evidence that the plaintiff was negligent. This would mean that the defendant will have to showcase to the jury that there was enough evidence to prove that the plaintiff was not as alert or did not take proper care to avoid any mishap.
Your injury lawyer In Mississauga will tell you that if the jury finds out during the trial that the defendant was negligent during the time the mishap happened, they will also consider if even the plaintiff did not observe precautions as needed. Once it is established that even the plaintiff was at fault, they will then consider the percentage of fault for both of them. If the jury is able to find that the most fault lied with the defendant, they will award the plaintiff compensation for the mishap and the injuries but the amount for the compensation would reduce accordingly.
Different states have different rules for comparative negligence when it comes to slip and fall accidents. Some of the states deny all the compensation in case the victim is found to be responsible for the mishap even to a certain extent, and others lower the compensation amount according to the percentage fault of the victim. For more information visit here: MPC Personal Injury Lawyer