Comparative Fault and How Shared Blame Changes a Legal Outcome

You slipped on a wet floor… but were you texting?

One little thing can make the difference between winning and losing your slip and fall claim. Falls happen all the time. In 2023 over 8.8 million people went to emergency rooms due to fall related injuries.

But getting hurt is only half the story.

Here’s the problem:

Rarely is an accident 100% your fault. Insurance companies try to find reasons to shift blame back onto you. Every percentage they can assign to you will cost you money.

Shared blame means shared losses.

Here’s how comparative fault works and how to protect yourself.

Time to jump in!

Inside this guide:

• What Is Comparative Fault?
• The 3x Fault Rules Used In The US
• How Shared Blame Changes Your Payout
• How Insurers Shift The Blame
• How To Protect Your Slip And Fall Claim

What Is Comparative Fault?

Comparative fault is a legal principle that assigns a portion of responsibility for an accident to each person involved. (Some states refer to this as comparative negligence.)

Rather than asking “who is at fault?”, a court asks “how much is everyone at fault?”.

Each party is assigned a percentage. 100% is divided amongst all of the percentages. Your recovery is reduced by your percentage of fault.

Think about it like this:

Someone leaves a spill on the floor of a store without a caution sign. You happen to walk through it while distracted by your phone. A jury could find the store 80% responsible for creating a danger and you 20% responsible for not paying attention.

You still get paid. Just less.

Your location matters greatly here, since each state has its own rules regarding fault. In Minnesota, if you were injured on another person’s property and you would like to know how fault may be apportioned in your slip and fall case, the personal injury attorneys at meshbesher.com in Minneapolis can go over the details of your fall and let you know how Minnesota’s comparative fault rule may impact your recovery.

Pretty simple, right?

The 3x Fault Rules That Decide A Slip And Fall Claim

There are three fault systems used in the US. The one your state has can help or hurt your case.

Pure Comparative Fault

This rule is the most lenient. You can collect damages even if you were completely at fault. For example: If you were 90% responsible for the accident, you could still recover 10% of your damages.

Modified Comparative Fault

This is the most popular rule… except it has a threshold. If your percentage of fault reaches a certain point, you receive nothing.

There are two versions:

• 50% bar rule: You cannot recover anything if you are at least 50% responsible.
• 51% bar rule: If you are 50% or less at fault you can recover.

Per Claims Journal, 21 states follow the 51% bar rule. Minnesota, Illinois and Texas are some of those states. That 1% doesn’t sound like much. But on a 50/50 claim, that’s the difference between zero and getting paid.

Contributory Negligence

This is the strictest rule of them all. If you are even 1% responsible, you cannot recover any damages. Alabama and Virginia are a couple of the few that still follow this rule.

The Fault Rules Compared

Here’s how each rule plays out on a $100,000 slip and fall claim:

Negligence laws define what legal defenses are available when someone brings a lawsuit against you. If you cause an accident and someone else gets hurt, you can expect to be named in a lawsuit. While you should always consult an attorney for advice specific to your state laws, you should have a basic understanding of your state’s negligence laws so you know what to expect if you are sued.

There are three main types of negligence laws: Pure Contributory Negligence, Pure Comparative Negligence, and Modified Comparative Negligence. Your state determines which negligence theory it follows.

Pure Contributory Negligence

Under pure contributory negligence theory, you are barred from recovering damages if you were even 1% negligent in the incident. Only 4 states follow this theory: Maryland, Virginia, North Carolina, and Alabama.

Pure Comparative Negligence

Under pure comparative negligence theory, you may recover damages from someone even if you were 99% negligent. Your damages would be reduced by your percentage of fault. For example, if you suffered $100,000 in damages and were 25% at fault, you could recover $75,000 from the defendant. Only 2 states follow this system: New Mexico and Alaska.

Modified Comparative Negligence

This is the most common negligence theory applied today. Under this theory, there are two different bars that states apply: 51% and 50%. Here’s a look at each.

51% Bar

Most states follow this rule. Under the 51% bar, you may not recover damages if you are found 51% or more at fault. If you are 50% or less at fault you may recover your damages reduced by your percentage of fault.

50% Bar

States that follow this bar allow you to recover as long as you are not 50% or more at fault. Basically, you are allowed to recover if you are 49% responsible or less.

Big difference, right?

How Shared Blame Changes Your Payout

Here’s where it gets real.

Imagine that you slipped on some ice in a parking lot and fractured your wrist. Your expenses, lost income and pain and suffering total $60,000.

The owner of the property didn’t salt the lot. That’s THEIR fault. However you were wearing sandals in the winter AND darting through an obviously roped-off area.

A jury decides:

1. The property owner is 70% at fault
2. You are 30% at fault

Your $60,000 award drops by 30%. You walk away with $42,000.

Now alter one fact. The jury determines you were 55% responsible. Suddenly, living in a 51% bar state such as Minnesota, your award isn’t $42,000. It’s nothing.

Same fall. Same injury. Totally different outcome.

This is why battles over percentage often become the biggest battle of the entire case.

How Insurers Shift The Blame

Insurance adjusters go looking for anything they can use to prove you were negligent. The more they can blame you for, the less money they have to pay out.

Here’s what they usually look for:

• Distractions: Were you on your phone or carrying something that blocked your view?
• Footwear: Were your shoes right for the conditions?
• Danger clues: Did you see a “wet floor” sign or cone that you completely ignored?
• Restricted areas: Did you go somewhere customers weren’t supposed to be?

Even a knee-jerk apology following the fall can be used as evidence against you.

And here’s the kicker…

Little things compound quickly. Four little “mistakes” at 5% each now equal 20% responsibility. A fifth of your paycheck’s gone.

How To Protect Your Slip And Fall Claim

The bright side? What you do in those first few days after your slip-up can really help.

Here’s what to do:

1. Take photos: Photograph the hazard itself, surrounding area, lighting conditions, and any absent warning signage.
2. Report it: Notify the manager/property owner. Ask for a copy of the incident report.
3. Obtain witness information: Ask witnesses for their names and phone numbers.
4. See a doctor ASAP: Waiting allows insurance companies to say your injury wasn’t serious.
5. Say what you saw: Don’t speculate about who was at fault.

Security video can be enormous too. Stores often overwrite their security video within days. So request that it be saved immediately.

It really is as simple as that. Good evidence makes it extremely difficult for anyone to attribute additional blame to you.

The Bottom Line On Shared Blame

Comparative fault allows your own negligence to reduce (or eliminate entirely) your recovery. Your state’s rule determines how much.

To quickly recap:

• Comparative fault splits blame by percentage
• Your payout drops by your share of the fault
• Some states cut you off completely at 50% or 51%
• Insurers will look for any reason to raise your share
• Strong evidence is your best defense

All slip and fall claims are unique. Therefore, if you have been injured, consult with a local personal injury attorney who is familiar with your state’s laws before agreeing to any settlement.

Because when blame is shared… every single percentage point counts.

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