What is a comparative negligence claim?

A comparative negligence claim is a legal argument in California slip and fall law where the court will assess whether both parties (the property owner and injured individual) are responsible for the incident that caused the slip and fall. The comparative negligence claim will examine the actions of both parties, then assign the appropriate percentage of responsibility to each party. For example, if a property owner failed to put a warning sign up near a slippery area, and an individual slipped, then the court might find that the property owner was 75% responsible and the individual was 25% responsible. In this case, the individual would be eligible to receive 75% of what the court determines to be a fair settlement for their injuries. Another example of a comparative negligence claim is if an individual was running on a slippery surface and then fell. The court may assign the property owner a certain percentage of responsibility and the individual a certain percentage. In this case, the individual cannot be fully blamed for their slip and fall, as the property owner had a duty to keep the area safe. Comparative negligence claims are a way of determining what percentage of responsibility each party is at fault for and whether the injured individual is eligible for a settlement for their injuries. This is an important concept in Slip and Fall law in California as it helps to decide which party is liable and how much money is owed to the individual based on the facts of the incident.

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What is a comparative negligence claim?

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