Yes, you may still be able to recover damages in a premises liability accident even if you were partially at fault. This depends on the comparative negligence rules in your state, which determine how fault is shared between you and the property owner.
Traditionally, states followed the doctrine of contributory negligence, which meant that if you were even slightly at fault, you would be completely barred from receiving any financial compensation. However, today only a few states still follow this strict rule. Most states (33 states) have moved to comparative negligence, allowing individuals to recover damages even when they share some responsibility for the accident. About a dozen states, including Alaska, California, and New York, apply a pure comparative negligence model, which means you can still recover damages regardless of your degree of fault, though your compensation will be reduced based on your share of responsibility.
Several considerations determine fault in a premises liability case. These can include whether you disregarded warnings, failed to notice obvious hazards, or whether the property owner failed to maintain safe conditions or post appropriate warning signs. The condition of the property; such as lightning or weather conditions; can also play a role. Evidence, such as eyewitness testimony and traffic camera footage, can be used to establish whether you were partially at fault.
Under comparative negligence, the court assigns a percentage of fault to each party involved. If you’re found partially responsible for your injury, your compensation will be reduced accordingly. For example, if you are 30% at fault and your total damages amount to 100,000 dollars you would receive 70,000 dollars after the reduction.
However, some states follow a modified comparative negligence rule, which limits your ability to recover damages if you are 50% or more at fault. In these states, if you are equally or more responsible for the accident than the property owner, you may not receive any compensation.
