Dealing with Comparative Negligence in Slip & Fall Cases – What You Need to Know!

Slip and fall accidents happen when you least expect them and figuring out who’s at fault can be tricky.

Comparative negligence means both parties may share responsibility for an accident.

What Is Comparative Negligence in Slip and Fall Cases?

Under 50% fault? You get reduced compensation.

Over 50%? No compensation.

Under Illinois' comparative negligence rule, fall victims lose compensation based on their fault—and get nothing if it's 50% or more.

How Comparative Negligence Affects Slip and Fall Claims

How Fault Percentage Impacts Compensation

Icy Sidewalk: 10% fault → $100K becomes $90K.

Grocery Store: 40% fault → $50K drops to $30K.

When Victims Lose Their Right to Compensation Due to Fall Hazards

If you're over 50% at fault, you lose the right to any compensation under Illinois law.

Why Fault Is Often Contested

Blame isn’t always clear, so having a good lawyer is important.

A legal expert can prove the property owner’s fault and get you fair compensation.

Common Arguments for Comparative Negligence in Slip and Fall Cases

Businesses and insurers often shift blame to reduce or deny compensation in slip and fall cases.

How Businesses and Insurers Shift Blame

Insurers blame distraction or improper equipment.

Owners defend using warning signs.

Why These Arguments Don’t Always Hold Up in Serious Injury Cases

Property owners must keep walkways safe.

A wet floor sign doesn’t excuse leaving a hazard for too long.

Courts focus on whether the business took proper safety steps.

The Reality of Shared Fault on Walking Surfaces in Slip and Fall Cases

Partial fault doesn’t mean you can’t file a claim.

Comparative negligence adjusts compensation, not erases claims.

Businesses often overstate fault to avoid payouts.

Want more details? Read the full blog for key legal insights.

Need legal help? Get a free consultation with Midwest Injury Lawyers today.

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