One of the most common defenses property owners rely on is claiming that the accident victim was partially at fault for their own injuries. States vary in how they handle situations in which the plaintiff shares responsibility for their injuries. There are three types of laws that states use:
Pure comparative fault: Any victim who suffered injuries as the result of an accident can pursue a claim against any other at-fault party. The accident victim's damages will be reduced by their percentage of fault, regardless of whether they are one percent or 90 percent responsible.
Contributory negligence: Contributory fault bars any plaintiff from recovering for their injuries if they were at fault for causing the fall. This applies even if the accident victim was only one percent to blame for the accident.