Will Injury Lawyer In Hamilton Change The Slip And Fall Case With Comparative Negligence Clause?
When a person slips and falls inside your owned premises, you will be liable for any injury caused by an accident. Being the owner of the property, you have the responsibility to protect your guests, visitors or the patrons from any possible hazards. You will have to take up the liability for any damage that happens to any of the guests due to some unreasonable accident. You might have to face a personal injury claim too if the slip and fall of a person cause significant injury to the individual.
The concept of comparative negligence
The concept of comparative negligence is an all-new aspect of the personal injury cases involving slip and fall situations. According to the Injury Lawyer in Hamilton, the comparative negligence aspect focuses on the part of the liability of the injured person involved in the slip and fall incident. To delve in further, when a person falls inside your premises, the person may also be responsible for the mishap. The individual might have been involved in some reckless act or was careless that caused the injury. So it will be utterly illegal to hold you completely responsible for the entire incident. The plaintiff must also bear a part of the liability.
Deliberate mistake versus genuine case
A person visiting your grocery store slipped and fell on a puddle of juice spilled by some other customer. The visitor didn't see the pool as she was busy looking in the grocery list. Now that's a very common behavior of any customer and your lawyer can't point any deliberate mistake in this case. But some teenage guys were running all around the store in full speed ignoring the boards warning of the wet floor. If any member of the group slips and fall, then it will be absolutely unjustified to hold you responsible for the mishap. The boys were old enough to read the signs, and they deliberately continued to do the reckless act even knowing that they might face some accident. The Injury Lawyer in Hamilton can claim for partial liability.
When to hold the plaintiff liable
The comparative negligence concept is not about establishing the fact that the plaintiff must have been more careful to avoid such accidents. The Injury Lawyer in Hamilton will try to portray the case as the plaintiff has deliberately not been careful. The person was sure that you would be liable to compensate in case of any disaster and so, the individual showed the wild behavior. You would have to take up the responsibility only if your negligence caused the accident.
Splitting the liability
You don't have to pay the full compensation as the plaintiff must pay a part of the recovery cost as compensation for his or her responsibility. When the Injury Lawyer in Hamilton successfully establishes comparative negligence, the claim must have a settlement following a proper mathematical calculation. The injured person will have to bear half of the medical costs for the personal injury while you will pay the other half of the money. Usually, the split never exceeds 50% liability for either side. For more information visit here: APC Personal Injury Lawyer