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QUICK QUESTION (WITH QUICK ANSWER): CAN I BE FOUND PARTLY AT FAULT FOR A SLIP AND FALL IN FLORIDA SINCE I DIDN’T SEE THE WATER ON THE FLOOR IN THE MALL?

Generally, yes. Florida uses a system of comparative fault when awarding damages for personal injury cases. This means that if the jury finds the defendant at fault, they can consider if the plaintiff was also at fault and reduce the plaintiff’s amount of recovery by their fault. In this example, if a jury awards the plaintiff 10,000, and found that the business establishment where the injured person fell was 80% at fault and found that the plaintiff was 20% at fault for not seeing the water on the floor, then the plaintiff would recover 8,000.

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