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Comparative Negligence in a Premises Liability Accident

Posted By Hawk Law in Personal Injury
Comparative Negligence in a Premises Liability Accident

If you’ve been injured in a slip-and-fall accident or other incident on someone else’s property, you may need compensation to cover the costs of your medical bills, lost wages, and other major expenses. Unfortunately, the responsible party likely won’t be so willing to help you overcome those losses. They’re focused on protecting their own interests, which could hurt you now and in the long run. 

They may even claim you were partly at fault for the accident, putting the blame on you instead of accepting their part. If this happens, you could lose part or all of your compensation. If you’re concerned about your personal injury claim after a premises liability accident, you may need to get into these details with your South Carolina personal injury lawyer before you file your claim. 

What Is Comparative Negligence? 

If you’ve been injured on someone else’s property, they may be liable for your injuries. But what if you were also found partly at fault? That could make a big difference in your claim. 

Comparative negligence means that while the other person caused the accident, you weren’t being careful enough, so you were unable to stop the accident before it happened. For example, many premises liability claims are affected if the victim was talking on the phone or texting when the accident happened. 

Being partially at fault for the accident could reduce or dismiss your amount of compensation entirely because the judge may reduce your compensation by the same percentage assigned to you for fault. For example, if you’re twenty percent at fault, you’ll only receive eighty percent of your compensation. 

Worse, you could lose your compensation entirely. In South Carolina, if you’re found more than fifty percent at fault, your claim could be dismissed, leaving you with the responsibility of all your losses during the accident. 

Fighting against Comparative Negligence

If you’ve been injured and the responsible party is trying to pin the blame on you, you may need help fighting back against their word. You’ll need to prove you weren’t at fault for the accident, but what can you do? 

One of the best ways you can fight their claims is to build a collection of physical evidence. For example, you might have photos of the scene immediately following your injuries showing there were no signs or warnings about the danger. 

You might also prove you weren’t doing anything to distract yourself or lead to your injuries. For example, you might show you weren’t using your phone using witness testimony and phone records. 

How a Premises Liability Lawyer Can Help

If you’ve been injured, fighting claims of negligence on your part can be tough. You might know that you need to prove you weren’t responsible for the accident, but that’s your word against a business owner or property owner who may not be so willing to help you recover. 

When that happens, you may need help understanding and fighting against comparative negligence in your premises liability accident with the help of the lawyers from HawkLaw, PA. Our lawyers can help you prove you weren’t responsible for your accident, starting with a free consultation* regarding your losses. 

Ready to get started with your premises liability claim? Talk to your lawyer by calling 1-888-HAWK-LAW (429-5529) or by visiting our website to learn more about what we can offer. 


About the Author:

Hawk Law


At the Hawkins Law Firm, our job is to recover compensation for the pain and suffering you have endured. Regardless of the circumstances that lead you to our firm, we are here to help and will do whatever we can to win your case.... View full business profile here: Hawk Law





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