If you’ve been injured in California, it’s important to understand how the state’s laws affect your ability to file a personal injury lawsuit. California follows a “pure comparative negligence” rule, which allows you to pursue compensation even if you share some of the blame for the accident. This article explains how California’s comparative negligence laws work and what they mean for your case.
What is Comparative Negligence?
Comparative negligence means that more than one party can be at fault for an accident. In personal injury cases, it’s crucial to determine how much fault each party shares. In California, you can file a lawsuit no matter how much blame you carry. Even if you are mostly responsible for the accident, you can still seek damages.
Comparative Negligence vs. Contributory Negligence
To fully understand California’s approach, it’s helpful to compare it to contributory negligence. In some states, contributory negligence bars you from recovering compensation if you’re at fault, even in the slightest. Other states have a rule that prevents lawsuits if you’re more than 50% responsible.
California does not have these limits. No matter how much fault you have, you can file a lawsuit. The only difference is how much compensation you can recover. If you’re 99% at fault, you can still file a lawsuit, but your recovery will be reduced based on your level of responsibility.
How Does Comparative Negligence Work in California?
In California, your recovery is reduced according to your percentage of fault. For example, if you are 50% responsible for a car accident, you can recover 50% of the total damages. The law ensures that the more responsible you are for the incident, the less you can recover. This rule applies to all types of personal injury claims, including car accidents, slip and fall accidents, and more.
Comparative Negligence in Premises Liability Cases
In premises liability cases, like slip and fall accidents, California’s comparative negligence rule also applies. Imagine this situation:
You’re at a gas station, and the floor around the slushy machine is wet. As you approach, you check your phone and don’t notice the wet floor. You slip and hurt your ankle. A jury may find the store 90% responsible for not fixing the hazard. They might assign 10% of the fault to you for not paying attention. In this case, you would recover 90% of your damages.
Talk to an Oakland Personal Injury Lawyer
If you’ve been injured and are concerned about how comparative negligence laws will affect your claim, speak with an experienced personal injury lawyer. The Oakland personal injury attorneys at Venardi Zurada can help you understand how California’s comparative negligence rule impacts your case and guide you through the legal process.
Call us today to schedule a consultation with a skilled Oakland personal injury lawyer.
