Is comparative negligence a defense in slip and fall cases?

In the context of California slip and fall law, comparative negligence is a defense which means that the accused party is seeking to prove that, while they may have been negligent, the injured party was also partially at fault. The elements of a slip and fall case, or a trip and fall case, include establishing that the landowner or occupier of the property had a duty of care to maintain safe conditions, that the property was not reasonably safe, and that the unsafe condition caused the injury. Therefore, comparative negligence may be a defense to a slip and fall case in California, arguing that the landowner or occupier of the property was not solely responsible for the injury, but instead, the injured party was also partly liable for their own injury. In California, the doctrine of comparative negligence means that the court will assess each party’s contribution to the injury. If the court determines that both parties were negligent and contributed to the accident, the injured party’s recovery may be reduced proportionally based on the amount of negligence attributed to them. Therefore, if the injured party is found to be more than 50% at fault, then they may not be able to recover any compensation from the other party. Comparative negligence is a defense which depends on the specific facts of the case and therefore varies from one case to the next.

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Is comparative negligence a defense in slip and fall cases?

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