Partially at Fault
Do you think you were partially at fault when you were injured on other person’s property? Check out this video to learn how you still have a claim for injury.
What if I’m partially at fault for my premises liability injury?
Recently, someone in South Carolina called my office because they had slipped and fell on a bathroom floor at a restaurant that had too much wax on it. The lights were off in the bathroom, and they chose to walk into the bathroom anyway. Because the lights were off, they couldn’t see the wax on the floor.
They wanted to know if they could still bring a lawsuit and could still recover given the fact that, if they had to do it again, they would have called somebody from the store management and asked them to go in and turn the lights on so that they could see before walking into a place they had never been to before. When this person called me, I explained to them that South Carolina has adopted modified comparative fault. That’s legal talk for the concept that, if you are not deemed to be more than 50% at fault, you can bring your claim.
I advised the individual to contact my office because this person had had a very severe fall and had hit their head. We have helped people in this situation many times. We have been able to prosecute their case and obtain a recovery for them even though they were anywhere from 10 to 20% at fault because they walked into a place they didn’t know. They could have easily asked someone from the restaurant to turn the lights back on.
On the other hand, the restaurant had left a bathroom with way too much wax on its floor, even though they still had customers that were still dining in their restaurant. The long and the short of it would be this; a jury could award damages to this individual, but the jury would also have the authority to reduce the damages by an amount equal to the negligence of the person who went into the bathroom and probably should have asked for help when the lights were turned off, but didn’t. If the jury says that the damages are $100,000 but attributes the plaintiff to being 20% at fault, the plaintiff’s aware would be reduced to approximately $80,000.
If you have a situation like this, contact my office and let’s get to work. We’ve helped other people in this similar situation. Don’t let the fact that you were somewhat at fault stop you from bringing a case when it’s clear that the defendant in the case was much more at fault. Call our office. We’re here to help.
Were you or a loved one seriously injured by a property hazard in South Carolina and have questions about being partially at fault? Contact experienced South Carolina premises liability lawyer H. Bright Lindler today for a free consultation and case evaluation.
Let my experience work for you.
Like Us on Facebook