What is a comparative negligence claim?

A comparative negligence claim is a legal theory in South Dakota slip and fall law that states that if the victim of a slip and fall incident contributed to their injury, their degree of fault is considered when it comes to damages. In South Dakota, this rule is based on a pure comparative negligence system. That means that a victim can still receive some compensation even if they are found to be partially at fault for the accident. For example, if a person slips in the lobby of an office building because the floor is wet and the building owner failed to put up a wet floor sign, but the victim was wearing slippery shoes, a comparative negligence claim could be made. The court will assess the degree of fault of the victim and the building owner and adjust the award accordingly. If the building owner is found to be 80% at fault and the victim is found to be 20% at fault, the damages awarded to the victim will be reduced by 20%. In South Dakota, it is important to be aware of comparative negligence when it comes to filing a slip and fall claim, as the amount of damages that an injured person is entitled to can be reduced based on their own degree of fault.

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What is a comparative negligence claim?

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