Another important factor that affects many personal injury cases is the concept of shared fault or comparative fault. These terms refer to both parties — the visitor and the property owner — being partially responsible for the injuries sustained on the property. As a general rule, people are expected to care enough about their own well-being to try and avoid getting hurt. That’s why, if a visitor seems to have behaved in a foolhardy way that resulted in an injury, their claim to compensation is likely to be reduced.
In Texas, the comparative fault rule is applied by percentage. For instance, let’s say an injury has occurred and the damages have amounted to $10,000. If, after examining the details of the case, the judge determines that the property owner is 75% responsible for the visitor’s injury and the visitor is 25% responsible for getting themselves hurt, the injured person can only receive up to 75% of the compensation — in this case, $7,500. If on the other hand, the injured person is deemed to be 51% or more responsible for their injury, they cannot claim any compensation.
The Importance of Consulting with an Attorney
Comparative fault and trespassing are just two of many unique factors that can affect the outcome of a premises liability case. A seasoned personal injury lawyer can offer much more in the way of expertise, which could mean the difference between collecting your compensation and walking away empty-handed. If you or a loved one has been injured on someone else’s property, your next step should be consulting with an attorney to determine what your case may be worth.