How fault can be determined in a personal injury case

Posted July 21st, 2014 by .

Categories: Personal Injury, Premises Liability, Slip and Falls.

personal-injury-claim-who-is-at-faultAccidents happen. There’s really no way to avoid them. But the hardest part in an accident is proving who is at fault.

Let’s say you were injured after slipping on a puddle and falling at the local grocery store. Since it was the responsibility of the grocery store to keep the area safe, obviously it is responsible for the incident and you file a claim. But then you learn the grocery store is denying liability, and says that you tripped on your own feet. How can you prove that you are not liable for the accident?

First, if this situation happens to you, contact an experienced personal injury lawyer right away. A lawyer can protect you from any evidence the store might have, such as video surveillance. Also, a lawyer will able to do an in-depth investigation into the incident, such as find and speak with witnesses as well as review any photos or other pieces of evidence. Also, remember that just because the grocery store claims that you are the responsible party doesn’t mean it’s not at fault for your accident. The only entity who can make that determination is the courts.

Assigning blame to a personal injury claim is anything but easy. To determine who is legally liable for the accident, the courts use these rules:

  • The injured party was somewhere where he/she was not supposed to be.
  • The injured party’s carelessness was the cause of the accident, such as running through the grocery store.
  • A negligent person was the cause of the accident.
  • If the accident occurred on a dangerous area or if the owner was careless in maintaining the property.
  • If a defective product was the reason for accident.

Keep in mind that even if you were partially to blame in your personal injury case, you will still receive some compensation. The amount of the other party’s liability for the accident is compared to yours and that determines the percentage of how much you will receive. So even if you did trip on your feet in the store, the grocery store still is partially to blame because of the puddle left on the floor.

Were you the victim of a slip and fall accident? We can help! For more than 25 years, the Law Offices of Anthony Carbone, PC has been handling slip and fall accidents. Contact us today for a free consultation.

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