Joint Liability in Slip and Fall Injury Cases: What You Need to Know

Have you suffered a slip and fall injury at a commercial property? Did the accident occur due to another party’s negligence? In case the answer is yes, you can sue the at-fault party for injuries sustained due to the trip and fall accident. A professional slip and fall accident attorney will help you determine the fault so that you can seek compensation for your injuries.

But determining fault in some trip and fall accidents is not that straightforward. In some cases, multiple parties may be held responsible for the injuries. Here, you will learn about joint liability in slip and fall accident lawsuits.

What Is Joint Liability in Trip and Fall Injury Cases?

Joint liability is a legal term that refers to two or more parties jointly responsible for damages. The term describes a situation in which multiple parties are held responsible for injuries sustained by the plaintiff.

A personal injury attorney can assess the case and inform you about the possibility of holding different parties responsible for an accident. Joint liability cases have multiple defendants. Each party is on the hook to pay the compensation amount.

Several Liability in Slip and Fall Accident Cases

The term ‘several liability’ refers to the apportioning of liability among the defendant, depending on the defendant’s percentage share in the cause of the accident. The defendants have to pay the compensation amount depending on the contribution to the accident.

Several liability is different than a joint liability in that the defendants are not equally responsible for an accident. Suppose that Stanley and Mike are responsible for an accident. But the contribution of Stanley to the accident is only 30 percent. In this case, Stanley has to pay 30 percent of the compensation amount to the victim. Mike has to pay the remaining 70 percent amount to the victim.

What If a Victim Contributed to the Accident?

In some situations, the victim can be held jointly responsible for an accident. This happens if the victim contributed to the accident in some way. For instance, if the victim did not take reasonable care in preventing the accident, he or she will also be responsible for the damages.

State laws will determine how much compensation a victim can receive in case of joint responsibility of a trip and fall accident. In states with contributory negligence laws, a victim won’t receive anything if he/she is found partly responsible for an accident.

On the other hand, in states with comparative negligence laws, a victim’s compensation amount will decrease depending on the contribution to the accident. If the victim was 20 percent responsible for an accident, the compensation amount will be reduced by 20 percent.

Most states in the US have modified comparative laws. This means that a victim won’t receive anything if the contribution of the victim to the accident is 51 percent or more. An experienced slip and fall accident attorney will inform you about the specific laws in your case.