Is comparative negligence a defense in slip and fall cases?

Yes, comparative negligence is a defense in slip and fall cases in Massachusetts. Comparative negligence is a legal concept that assigns a portion of fault to each party involved in an accident. In the case of slip and fall accidents, the person who was injured must prove that the property owner was negligent in the upkeep or maintenance of the premises in order for them to be held liable. For example, if someone slips on a wet floor in a grocery store, they must prove that it was the store’s responsibility to keep the floor dry, or that the store should have put out a warning sign to alert customers to the wet floor. If the injured person cannot prove that the store was negligent then the court may conclude that the injured person was comparatively negligent for not paying attention to their surroundings or taking steps to avoid the hazard. Comparative negligence may also be used when a person slips and falls on someone else’s property. The injured person may be found partially at fault for not using reasonable care to prevent the accident. In this case, the court will assign a percentage of fault to each party and the damages awarded to the injured person will be reduced accordingly. In Massachusetts, comparative negligence is considered in slip and fall cases, so it is important for people to be aware of their own responsibility to pay attention to potential hazards and take reasonable steps to protect themselves.

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Is comparative negligence a defense in slip and fall cases?

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