On the surface, a slip-and-fall case might seem simple. You were on someone’s else’s property, you slipped or tripped because of a hazardous condition and you got hurt. But there are many nuances that can affect both your ability to win a case and how much compensation you may receive. One of the variables is the comparative fault you may have borne for the accident.

Comparative fault is a legal doctrine followed by Connecticut courts in personal injury cases. It means that if a jury finds the injured plaintiff partially at fault for a slip and fall, the amount of compensation recoverable from the property owner will be reduced proportionately. For example, if a plaintiff suffers $100,000 in damages but the jury also says he or she was 30 percent responsible, then the award will be reduced to $70,000. In cases where a plaintiff is found 51 percent or more at fault, then he or she receives nothing.

Property owners and their attorneys try to take advantage of the comparative fault rule by pushing as much blame onto the plaintiff as possible. Their hope is to minimize any payouts. If the case goes to trial, defense attorneys try to convince the jury that the plaintiff was more than 50 percent at fault for the accident and should therefore not be compensated at all. They might claim that one of these factors was in play:

• The plaintiff failed to pay attention to surface conditions in the area, such as by staring at a cellphone.
• The plaintiff ignored clear marking of a hazard, such as wet floor sign.
• The plaintiff lacked appropriate footwear for the surface conditions.
• The plaintiff was a trespasser and so the property owner owed no duty of care.

To prevail in a slip-and-fall case, you’ll need to show that your own fault was minimal. That starts with reporting your fall to the property owner. If you leave the premises without telling anyone you were hurt, the owner can argue that you got hurt elsewhere. Furthermore, since you bear the burden of proving that a hazardous condition existed and caused your fall, you should immediately take photographs and videos of the hazard and of the injury you suffered. If your injuries don’t allow you to do it right away, ask your attorney to go to the scene and document it. As soon as possible, go to the doctor for treatment, since medical records will be important evidence as well.

At Gesmonde, Pietrosimone & Sgrignari, L.L.C. we have experience recovering fair compensation for clients injured in slip and fall accidents. We employ effective strategies for countering arguments of property owners that seek to hold injured victims at fault. If you fell and were injured on someone else’s property, call 203-745-0942 or contact us online to schedule a consultation with a lawyer in our Hamden or East Haven office.