Slip and falls are commonly blamed on the person who fell. Legally speaking, this does not always hold up, but if it does, can it hurt your case? Can you still get damages?
Pennsylvania injury law works on a “comparative fault” basis that still allows you to get compensation for an injury you were partially at fault for so long as the fault was a maximum of 50/50. This means that if you were looking at your phone or had had a few drinks before a slip and fall, that should not be enough to lose you your case or block damages. Your slight fault should never outweigh a property owner’s seriously dangerous mistakes.
Call The Reiff Law Firm’s Philadelphia slip and fall lawyers today at (215) 709-6940 to get a free case review on your potential claim.
How Does Pennsylvania Law Determine Partial Fault in Slip and Fall Cases?
Pennsylvania uses a “modified comparative fault” system for negligence. This allows plaintiffs – i.e., victims – who were injured in an accident to still be able to sue even if they were partially at fault. However, fault must be at or below 50%; if your fault is higher than the defendant’s, then your case is blocked.
Older laws – which are still used in some states –prevented a victim from suing if they “contributed” in any way to their own injury. These kinds of “contributory negligence” laws stopped people who were even 1% or 2% at fault from suing for injuries, meaning that something as simple as looking away from the path ahead for a second could have been enough to kill your case. It also meant that even in the case of very serious dangers like uncleared ice on a sidewalk or rotted staircases, victims could not sue for some fall down injuries.
Instead, our current law assigns a percentage of fault to each person involved – the victim as well as the defendant or defendants. As long as the victim’s fault is 50% or less, 42 Pa.C.S. § 7102 still allows our Pennsylvania slip and fall lawyers to bring your case and get you damages for your injuries. However, damages will be adjusted to compensate for the victim’s share of fault.
Examples of Contributory Negligence or Partial Liability in Pennsylvania Slip and Fall Cases
One of the main ways that defendant property owners will try to shut down a slip and fall claim is by blaming the victim for their own accident. Many of these defenses have no real basis in fact and end up being something that our lawyers can overcome in court. In some cases, though, the victim might have messed up in some minor way that will count for partial liability. Often, those kinds of issues and mistakes fall into these categories:
Distractions
If you are looking down at your phone or even taking in the sights around you, it might be easier to trip on an exposed tree root, step onto a stray patch of ice, or trip over the edge of an uneven sidewalk. The property owner should still be at fault for these accidents – as there is no way you would have fallen down if they had not left that danger in place – but the fact that you might have avoided a full-fledged fall by paying better attention could be used against you.
Intoxication
Being drunk in public is illegal in Pennsylvania, but those charges are usually reserved for very severe intoxication. There is nothing wrong with having a few drinks at a bar and walking home, but it can contribute to the risk of slipping or tripping over dangers on the sidewalk – especially on a dark night. If you were intoxicated by choice (i.e., you drank voluntarily as opposed to having your drunk spiked or drugged), then that could be considered partial liability if your fall could be partially attributed to your intoxication.
The same rules could apply to drug use, though using drugs is patently illegal unless you have a prescription.
Unnecessary Risks
Being out in really bad weather, such as a severe thunderstorm or snowstorm, can be dangerous. If you were taking unnecessary risks like wading through floodwater or trudging through ice and snow while it is still coming down (i.e., before the property owners’ local ordinances would have required them to clear away the ice and snow), then that might be considered a voluntary undertaking. If you fell because of a serious danger hidden on someone’s property, that could still be their fault in part, but a jury might also find the accident partially your fault.
The same considerations are taken into account if you are doing something like sprinting down the sidewalk or engaging in horseplay.
Contributing to the Hazard
If something you did helped cause the hazard that caused you to slip and fall, then you would be considered at least partially – if not fully – at fault. Think, for example, of slipping on an oily mess after you dropped something in the grocery store or slipping on the soapy water from an overflowing washing machine at a laundromat after you added too much soap. The property owner might have stored things improperly, failed to have a suitable floor drain, or even failed in proper maintenance or upkeep, but your initial accident helped cause the dangers that made you fall down.
Effect of Comparative Negligence on Damages in Pennsylvania Slip and Fall Lawsuits
When the court assigns you a percentage for partial fault, your damages are reduced by that amount. The defendant ultimately pays only for their percentage of the damages.
For example, if your damages were $10,000 and the court assigned the defendant 60% fault and you 40% fault, the defendant would pay you $6,000. You are left to cover the other 40% ($4,000) yourself.
Call Our Slip and Fall Attorneys in Pennsylvania Today
Call (215) 709-6940 for a free case assessment with The Reiff Law Firm’s Pennsylvania personal injury attorneys.
