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Quick Florida personal injury questions and answers: Can I be found partly at fault for a slip and fall accident?

Yes. In Florida, we follow pure comparative fault negligence rules. For purpose of this blog answer, we will assume that the other side is at fault. Let’s say there is a leaky refrigerator in a grocery store and you fall in the water that is leaking from the refrigerator. The grocery store very likely will argue that you also bear some fault (comparative fault). They will argue that this is a well lit store and that you should have seen the water on the floor and avoided it. While you may say, that you don’t look down as you walk and didn’t in fact see the water, this will be an issue for the jury. They jury MAY apportion some fault to you. If they find your damages are $100,000.00, for example, and they find the grocery store to be negligent and you also to be comparatively at fault, then the jury has to apportion fault. If they find you to be 20 percent responsible and the grocery store to be 80 percent responsible, then instead of collecting $100,000.00, you collect $80,000.00. That is how comparative negligence works in Florida.

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