How Comparative Fault Affects Premises Liability Claims

When it comes to premises liability claims in Georgia, understanding comparative fault is crucial. Comparative fault refers to the concept that more than one party can share responsibility for an accident. In cases involving injuries sustained on someone else’s property, determining the degree of fault can significantly impact the compensation you may receive.

Understanding Comparative Fault in Georgia

Georgia follows a modified comparative fault rule, which means that if an injured party is found to be less than 50% at fault for the incident, they may still recover damages. However, if the injured party is found to be 50% or more at fault, they cannot recover any compensation. This rule emphasizes the importance of establishing the level of fault of all parties involved.

For example, if you slip and fall in a grocery store but are found to have been running in an area marked with caution signs, your compensation may be reduced based on your percentage of fault. If the court determines you were 30% at fault and the total damages awarded were $100,000, you would only receive $70,000.

How Comparative Fault Affects Your Claim

1. Determining Liability: In premises liability cases, the property owner has a legal obligation to maintain a safe environment for visitors. However, if the injured party engages in risky behavior, the court may assign a portion of the fault to them. This can lead to reduced compensation, making it essential to present a strong case that highlights the property owner’s negligence.

2. Negotiating Settlements: Insurance companies often leverage comparative fault to minimize payouts. They may argue that the injured party shares some responsibility, attempting to reduce their liability. Having an experienced attorney from Benton & Benton Law can help ensure that your rights are protected during negotiations, allowing you to pursue the compensation you deserve.

How Benton & Benton Law Can Help

At Benton & Benton Law, we understand the complexities of premises liability claims and how comparative fault can affect your case. Our team has successfully secured millions in compensation for clients throughout Georgia, ensuring they receive the justice they deserve.

If you or a loved one has been injured due to someone else’s negligence, don’t hesitate to reach out to us. Our office is located in Monroe, GA, and we are dedicated to helping clients navigate the legal process.

For more information about our services, visit our About page or contact us directly at (866) 974-0330 or bart@bentonandbentonlaw.com. Let us fight for your rights and help you get the compensation you need to recover.