Is comparative negligence a defense in slip and fall cases?

Comparative negligence is a defense that can be used in slip and fall cases in South Dakota. It is a legal doctrine that states that each party in a lawsuit shares responsibility for an injury. In these cases, comparative negligence may be used to reduce or eliminate the financial responsibility an individual has for reducing another’s damages. In South Dakota, comparative negligence is referred to as “modified comparative fault.” The law states that in a slip and fall case, if a plaintiff is found to be partially at fault for the accident, any damages they may be entitled to will be diminished by the percentage of fault attributed to them. For example, if the plaintiff is found to be 20% responsible for the slip and fall, they are only entitled to 80% of the damages they are seeking. In South Dakota, if a plaintiff is found to be 50% or more at fault for the accident, they are barred from recovering any damages from the other party. This is referred to as “50% rule” and means that any comparative negligence found must be less than 50% in order for the plaintiff to be able to recover any damages from the other party. In summary, comparative negligence is a defense that can be used in slip and fall cases in South Dakota. The “50% rule” applies, meaning if a plaintiff is found to be 50% or more at fault for the accident, they are barred from recovering damages from the other party. If the plaintiff is found to be less than 50% at fault, any damages they may be entitled to will be diminished by the percentage of fault attributed to them.

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Is comparative negligence a defense in slip and fall cases?

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