When you visit any place of business or public establishment, there is a certain unspoken expectation that you will be safe there. However, this is not just an unspoken expectation, but rather a legal obligation of the property owner to visitors.
When a business owner or manager fails to maintain safe conditions for its customers, visitors, or employees, they are acting negligently and breaching their duty of care. This type of claim is considered premises liability – meaning the property owner or manager is liable for any accidents or injuries that occur at their establishment. If you were hurt after a slip and fall incident in Memphis due to someone else’s negligence, you may have a right to pursue compensation. Reach out to a board-certified slip and fall attorney at the Law Office of David E. Gordon today to schedule a free consultation to review your specific case.
Contributory negligence is a law that prevents an injured person from collecting any monetary damages if they are found to have any fault (no matter the percentage) in an accident. Comparative negligence, on the other hand, is a law that states the blame and the cost of damages can be shared based on each individual’s percentage of fault.
Fortunately, Memphis is in a comparative negligence jurisdiction. This means that the fault of the injured person and the wrongdoer are compared in terms of percentage. It may be that the wrongdoer is found to be 75% at fault, while the injured person is found to be 25% fault. In such a case, the wrongdoer would be responsible for 75% of the injured person’s losses. If, however, it is determined that the fault of the injured person is 50% or more, then they are ineligible to receive any compensation in a slip and fall claim.
Comparative negligence is crucial in slip and fall cases because the property owner nearly always alleges that the injured person should have seen the dangerous condition and avoided it. If a person trips on an uneven sidewalk, then the owner may claim that the injured person should have observed the uneven sidewalk and been more careful. Due to this, some percentage of fault is oftentimes assigned to the injured person in a slip and fall case.
However, a savvy slip and fall lawyer like David E. Gordon can gather all the evidence to help an injured individual prove another party was at fault for the incident. This could include video footage, eyewitness statements, accident reports, and more. An injured individual should not allow a business owner or their insurance company to bully them into admitting fault, if in reality the incident was caused by the manager’s negligence. A skilled attorney in Memphis can help fight back against these tactics.
After a slip and fall accident, it can be challenging to prove a business owner’s negligence. You should not have to worry about such legalities while you are still hurt – you should be focused on your recovery. Let a lawyer help guide you in filing your negligence case in slip and fall cases in Memphis. An experienced attorney can gather evidence to prove another party was at fault for the incident and win you the compensation you deserve. Contact the Law Office of David E. Gordon today.