How Does Your Own Fault Affect Your Damages When You Bring a Slip and Fall Claim in Tennessee?
- posted: Jul. 30, 2020
- Personal Injury
If you slip and fall on someone’s premises because of a wet floor, cracked pavement or some other hazardous property condition, you might think that the property owner is liable for your injuries. But what if you were partially at fault for your own accident? There are instances in which you might have to share the blame for your injuries:
- The dangerous condition should have been obvious to you in enough time to avoid it.
- You ignored a sign or other warning of the danger.
- You didn’t look where you were going.
Tennessee used to follow a standard of pure contributory negligence, which means that a personal injury plaintiff was barred from obtaining any damages if they were found the least bit negligent. Fortunately, Tennessee now follows a comparative negligence rule, which allows victims to recover damages based on their percentage of fault, as long as they aren’t found to bear more fault than the defendant. When seeking damages for a slip and fall accident in Tennessee from a property owner, a jury determines whether you bear any liability for your accident, and if so, how much. If the jury finds you more than 50 percent at fault for your injuries, you are barred from obtaining any damages. If the jury finds you up to 50 percent liable, the court reduces the award by the percentage of your negligence. For instance, if a jury awards $100,000 in damages for your accident and finds you 25 percent at fault, the award will be reduced by that percentage to $75,000. A skilled personal injury attorney can investigate the circumstances of your fall and uncover evidence and witnesses that may be able to bolster your claim. With more than 75 years of combined legal practice representing personal injury plaintiffs, the seasoned slip and fall attorneys at Massengill, Caldwell & Coughlin, P.C. in Bristol, Tennessee advocate for clients injured on others’ premises. If you have a slip and fall case, call our law firm at [ln::phone] or contact us online to schedule your free introductory consultation.