This is the next post in our discussion on handling slip and fall or premises liability cases in Rochester, Minnesota. Our last post generally discussed when a Rochester property owner may be held responsible for accidents on his or her property. It is important to understand that premises operators are not automatically liable for an injury simply because it occurred on their property. Establishing liability requires showing that an operator failed to take reasonable steps to make its property safe and that that failure directly caused the victim’s injuries. Establishing fault in these types of cases is often complicated, so it is important to retain an experienced personal injury attorney to assist you. In this article we will discuss another important topic – how our state’s comparative fault laws apply to these types of cases. If you require assistance, contact our office today to speak with a lawyer.
We have previously discussed how comparative fault applies in a pedestrian accident case. The same concepts apply to injuries stemming from slip and fall or premises liability cases. Our state allows a victim to recover damages as long as he or she was not more than 50% responsible for the accident. Assuming the victim is not more than 50% responsible for the accident, the compensation the victim receives is reduced in proportion to his or her share of the fault. For example, if a victim suffers $100,000 worth of damages, and is held 20% responsible for the accident, he or she will be awarded $80,000 ($100,000 minus 20%).
It is best to explain this concept through an example. In this example, a grocery store fails to follow its own policy of checking its aisles every hour to ensure that no dangerous conditions exist and the floor is left wet after a spill due to this failure. A shopper falls while not paying attention to what is in front of her and injures her back, suffering $100,000 worth of medical damages and economic harm. She may be 50% responsible because the dangerous condition should not have existed and the shopper was negligent by not paying attention. In these circumstances, the shopper would receive $50,000. How a jury rules in any given slip and fall or premises liability claim is highly dependent on the facts of the case.
If you or a loved one have been injured by a fall on another’s property, it is crucial to take immediate steps to protect your interests. One of these steps is to contact and hire an injury attorney. Our firm has recovered more than $125 million on behalf of victims and we are ready to assist you. Contact us today to speak with a Rochester slip and fall lawyer.
Besides Rochester, we serve the following major southeast Minnesota cities: Red Wing, Winona, Mankato, Austin, Albert Lea, and Owatonna, and all outlying communities, as well as the cities of Minneapolis, St. Paul, Duluth, and Bloomington. We also serve the Iowa cities of Mason City, Charles City, Osage, Spencer, Garner, Forest City, and Northwood and the Wisconsin cities of La Crosse, Onalaska, Sparta, Viroqua, River Falls, Ellsworth, Whitehall, and Black River Falls.