Do I have a Personal Injury Case for a Slip & Fall Accident in Florida if I am Partially At-Fault?


Hi, I’m Mike Hancock with Hancock Injury Attorneys and I want to answer the question: do I still have a personal injury claim if I’ve had some type of slip and fall type of accident and it’s determined or alleged that I’m partially at fault. The short answer to that question is yes, you can successfully pursue a personal injury claim even though you’re partially at fault.

The reason you can do so is that Florida follows what’s known as a “pure comparative fault” theory. What that means simply is that you are still entitled to prevail in your personal injury claim even though you have some fault, or even the majority of fault in causing the accident. Oftentimes a defendant alleges that our client was partly at fault himself or herself for any number of reasons. For example, if we agree that you were 25% at fault, the legal effect of that would be that your recovery would be reduced by 25%, the amount of your own negligence; your own your comparative negligence.

So that’s how comparative fault works in Florida. It’s different than other states that might be known as a “contributory negligent” state which holds that if you’re found to be greater than 50% at fault you can’t make a recovery at all. So other states are different than Florida; Florida follows a pure comparative fault theory which says that you can be anywhere from 1% at fault to 99% at fault and still make a recovery in your claim.

If you have any other questions regarding any legal issue you’re facing, please give me a call. I’d be happy to talk with you and talk you through it. I look forward to speaking with you. I’m Mike Hancock with Hancock Injury Attorneys. Give me a call at 813-915-1110