Generally, the answer is yes. Florida, which is a pure comparative fault case, allows injured people to be found partly at fault in an accident case. Thus, if a jury finds that a store was negligent for having a leaky refrigerator and the plaintiff fell and was injured as a result, it can award damages. However, the defendant can argue that the injured plaintiff bears some fault for not seeing the water. If the jury believes that testimony/argument, then it can find the injured plaintiff to be party at fault. By example, if the jury finds the injured plaintiff has $100,000 of damages (medical bills, lost wages, pain and suffering) but finds plaintiff to bear 25 percent fault, the instead of recovering $100,000 against the store, the injured plaintiff would recover $75,000.
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Can I Be Found Partly at Fault when I Am Injured in A Slip and Fall Accident in Florida?
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