New Jersey is one of the states that applies the comparative negligence rule that can come into play in most accidents including slip, trip and fall. Under the comparative negligence doctrine, an injured person is still entitled to recover compensation for his or her injuries from a slip and fall even if their own carelessness or actions contributed 50 percent or less to their injury. If the injured person was determined to be 51% or more responsible for the injury, they would be entitled to no damages. In New York, the law would offset the award by the total percentage of comparative negligence of the injured claimant. The compensation to which a fall victim would be entitled is reduced by the percent that their own negligence contributed to the accident.
Comparative negligence is complicated to determine. It is important to consult with an experienced New Jersey or New York personal injury attorney to understand your legal options regarding comparative negligence. At Davis, Saperstein & Salomon, P.C., our personal injury lawyers have been assisting victims of slip and falls and other accidents caused by dangerous or poorly maintained property since 1981. Slip and fall accidents can occur in a wide variety of places and involve various dangerous conditions. Our accident lawyers can help you get back on your feet physically, financially and emotionally after a serious fall.
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