How is fault determined in a premises liability case?

Fault in a premises liability case, such as a slip and fall case, is determined by what is known as a “comparative fault” model. This model considers both the actions of the landowner or occupier and the actions of the plaintiff when determining fault. In Massachusetts, the burden is on the plaintiff to prove that the landowner or occupier was negligent and failed to maintain safe premises. The plaintiff must also show that any injuries sustained were a result of this negligence. In order to prove negligence in a slip and fall case, the plaintiff must prove that the defendant had a legal duty to maintain the premises in a safe condition and that the defendant breached that duty. The plaintiff must then demonstrate that there was a direct connection between the breach of the duty and the injury sustained. The court may also look at the plaintiff’s actions before and during the fall, such as whether the plaintiff was distracted or failed to take adequate precautions while on the premises. In Massachusetts, the court may assign a certain percentage of fault to both the landowner or occupier and the plaintiff in a premises liability case. The degree to which the plaintiff’s negligence contributed to the accident is considered when determining the amount of damages that the plaintiff can collect. If the plaintiff is more than 50% responsible for the accident, he or she will not be able to recover any damages. If the defendant is more than 50% responsible, the plaintiff may be able to recover damages.

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How is fault determined in a premises liability case?

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