What is a comparative negligence claim?

A comparative negligence claim is a type of slip and fall law in Washington that determines who is responsible for an injury and how much they should pay in damages. In a comparative negligence claim, a court will decide how much each party is responsible for the injury, based on the facts of the case. For example, if a person slipped and fell on icy pavement, the court may decide that the property owner is 70 percent responsible for the injury, because they failed to properly shovel the snow or place salt on the ground. The court may decide that the injured person is 30 percent responsible for the injury, because they failed to wear proper shoes for the conditions or failed to watch where they were walking. The damages that the injured person receives may then be reduced by an amount equal to their percentage of fault. In the above example, if the injury caused $10,000 in damages, the court would reduce the amount of damages by 30 percent – or $3,000 – and the injured person would only receive $7,000. Comparative negligence claims are important in slip and fall cases because they ensure that the responsible party pays their fair share of damages, and that the injured party is not overcompensated. This helps to keep defendants from paying too much for their mistakes and keeps injured parties from receiving an unfair payout.

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What is a comparative negligence claim?

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