Comparative Fault
As a Kansas City personal injury attorney, I come across comparative fault many times. Comparative fault is when you are partly to blame for an accident. It reduces your compensation by however much fault you have. So, if you are 50% at fault, you will receive 50% less compensation for your injuries. It is a classic defense used by insurance companies in slip or trip and fall cases.
Because it is so common, I have developed ways to minimize its effect. For example, I often interview witnesses to find out the nature of the defect in a slip or trip and fall case. What color was the liquid my client slipped on? How obvious was the obstacle that my client tripped on? Also, if the case warrants it, I encourage my client to openly admit fault. A jury will often appreciate my client owning up to his or her fault when the defendant is steadfastly denying any fault.
One important aspect of developing a solid rebuttal to a comparative fault defense in a slip or trip and fall case is that I need to secure the evidence and testimony as soon after the accident as possible. This is because memories fade over time and defects in property are often fixed after an accident so I can't take pictures. Therefore, if you've been hurt in a slip or trip and fall accident, please contact my office as soon as possible so that the evidence can be preserved.