Due to Massachusetts modified comparative negligence laws, victims may still recover compensation in a premises liability lawsuit even if they are partly to blame for their injuries. If both the property owner and the victim contributed to the cause of the accident, each party will be assigned a percentage of fault.
For example, it may be determined that the victim was 30% responsible for the accident and the property owner was 70% responsible. In this case, the victim’s compensation would be reduced by 30% to account for her share of the fault.
Sometimes, the victim will not be able to recover any compensation because of the role she played in causing the accident. This occurs when the victim is found to be more than 50% liable for the accident. In this situation, the victim would not be awarded any compensation because she is mainly at fault for her own injuries.
The defendant in a premises liability case may try to shift the blame onto you so he does not have to pay as much or anything at all. Let an attorney review your case and help you prove that the defendant was liable for your injuries.