Will Accident Attorney In Port St Lucie Enumerate Comparative Negligence In Slip And Fall Accidents?

Oftentimes, when someone slips and falls on someone else’s property, the owner or the manager of the property tries to put the blame on the victim by saying that the accident happened due to the victim’s fault. However, if you consult any accident attorney Port St Lucie in a similar case, you would come to know that most of the times, these are the tactics of the owners of the property to avoid liability. This is done because if they are accused, they would be forced to pay the compensation to the victim and also they would be implicated in legal troubles. Therefore, it is important to understand the basics of slip and fall accidents to know whether you actually have a case or not.

When it comes to a slip and fall tragedy, a good accident attorney in Port St Lucie would tell you that as a plaintiff you should be able to prove that the owner of the property was negligent and his or her negligence led to the poor upkeep of the property which caused the accident. Normally negligence in such cases would be when the owner of the property is not maintaining the property well enough to make it safe for the occupants or the visitors despite having knowledge about the issues that have cropped up. However, it is also to be understood that simply because you have fallen on someone else’s property, it does not mean that they were at fault. Also, simply because the property was in a dangerous condition does not put the onus on the owner even if they weren’t aware about the danger.

When it comes to slip and fall accidents, a lot of times, comparative negligence also comes to play. Any good accident attorney in Port St Lucie would be able to tell you that comparative negligence comes into play when the plaintiff is also at fault and is therefore partially responsible for the mishap. This concept is called comparative negligence because the jury or judge, after listening to the arguments, compare the fault of the plaintiff in comparison with that of the defendant. However, in comparative negligence cases, the defendant needs to prove that the victim was also at fault and his fault contributed to the mishap. The plaintiff does not need to prove the same to the jury or the judge when the case makes it to the courtroom.

Your accident attorney Port St Lucie would tell you that the victim’s liability is only checked once the liability of the defendant has been established by the judge or the jury. However, in case your lawsuit makes into the court and the judge or the jury finds that the defendant was not at fault, the case would be simply over and the plaintiff would not be able to recover any compensation for the damages.