Generally, yes, comparative fault applies to all negligence cases in Florida including fall cases and other premises liability cases.
Under Florida’s comparative fault laws, a jury is to apportion fault between all parties and non-parties in a lawsuit. Most commonly, there are comparative fault arguments made against the plaintiff (the person who is injured and bringing the lawsuit. By example, if Mary Martin falls in a dollar store because there is some dishwasher detergent spilled on the floor by an employee and Mary sues the store, it would be expected in that sort of scenario that the store would argue that Mary bears some responsibility for not seeing the detergent on the floor. The first issue is for the jury to find whether the store is legally responsible for the fall. If they do, then they can consider whether Mary also bears liability. If they find both, then they must apportion fault between Mary and the store – 50 percent, 50 percent or 30 percent for Mary and 70 percent for the store, and so forth. If they would find Mary 30 percent responsible and find that her total damages (medical bills, lost wages, pain and suffering, and so forth) was $50,000, then her judgment against the store would be for $35,000 or 70 percent of her damages.
If you have been in a premises liability accident (slip and fall, trip and fall, etc.), please call Attorney Gary J. Drucker at Drucker Law Offices at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) 561-265-1976 Boynton Beach satellite office) or 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office) for a free consultation. Attorney Drucker only charges fees and costs if it money is recovered for you. The law firm’s motto is: Personal Injury deserves personal attention, so please call today for a free consultation!
