This form is a general sample personal injury complaint seeking damages from business owner due to plaintiff's slip and fall on defendant's premises.
Maine Complaint regarding Slip and Fall
State:
Multi-State
Control #:
US-PI-0308
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Slip And Fall?
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FAQ
For example, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages.
Slip and fall injuries fall into the premises liability category of personal injury law. To receive compensation for damages in a slip and fall accident, you must prove the negligence of the property owner; for example, did you fall due to a spilled liquid on the floor, worn carpet, a defect, or uneven pavement, etc.?
Comparative Negligence For example, if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff can recover $75,000 of the damages and will be responsible for $25,000. Even if the plaintiff is 99% responsible for the accident, he or she can recover 1% of the damages.
Maine uses a modified comparative negligence system. Plaintiff may recover for their damages as long as they are not found to be equally or more at fault than the defendant. Tortfeasors can be found ?jointly and severally liable" for the plaintiff's damages or financial costs and injuries.
Connecticut is a modified comparative fault state where the plaintiff can recover from the defendant(s) as long as they are not found 51% or more at fault for the accident/injuries sustained.
Maine uses a modified comparative negligence system. Plaintiff may recover for their damages as long as they are not found to be equally or more at fault than the defendant. Tortfeasors can be found ?jointly and severally liable" for the plaintiff's damages or financial costs and injuries.
Because defendant has charged the plaintiff with negligence, it is his/her burden to prove that plaintiff was negligent and that such negligence was a proximate cause of the accident. Defendant also must prove his/her charge by a preponderance or greater weight of the credible evidence.
Landowners and property owners have a duty to exercise reasonable care and provide safe premises to lawful invitees. In order to prove that someone allowed a defective and/or dangerous condition to exist on their land, a person must prove that: The landowner owed a duty to the injured person.
The average slip-and-fall settlement varies by case but is usually between $10,000 and $50,000. You may be entitled to significant compensation to help you cover lost wages, medical bills and more. Schedule a free consultation with an injury lawyer at Brown & Crouppen. If you don't get paid we don't get paid.
In order to establish liability in a negligence claim, you must prove?by a preponderance of the evidence?four elements: duty, breach of duty, causation, and damages. In a slip and fall case, the breach of duty is typically the at-fault party's failure to exercise reasonable care to ensure the property is safe.