Is comparative negligence a defense in slip and fall cases?

In Arkansas, comparative negligence is a defense that can be used by defendants in slip and fall cases. Comparative negligence is a legal doctrine that requires a court to compare the negligence of the plaintiff and the defendant in order to determine the amount of fault assigned to each party. Under this doctrine, the plaintiff must prove that the defendant was at least partially at fault for the incident in order for the plaintiff to be compensated. In Arkansas, there is a modified version of the comparative negligence doctrine called "Pure Comparative Fault". With this version, the court will assign a percentage of fault to both the plaintiff and the defendant. Once the fault is assigned, the plaintiff will be compensated for the percentage of the incident attributed to the defendant, with any amount of fault attributed to the plaintiff coming off the final award. For example, if the court decides that the plaintiff was 80% at fault for the slip and fall and the defendant was 20% at fault, the plaintiff could still recover from the defendant but will receive only 20% of the damages that would be awarded without comparative negligence. As a result, comparative negligence will always be a factor to consider in a slip and fall case in Arkansas. It is important for people in these cases to understand how the law applies to their situation in order to maximize their chances of receiving full compensation for their losses.

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