Even if an accident of injury was partially your fault you still may have a Claim based on the concept of Comparative Negligence or Contributory Negligence.
The term “contributory negligence” is used to describe the actions of an injured person that may have also caused that person’s own injuries. For example, a person who ignores a “Caution – Wet Floor” sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries suffered. “Contributory negligence” can prevent a person from collecting any monies to compensate for injuries suffered, even if that person’s carelessness was minor.
Some states have done away with the concept of contributory negligence altogether and instead use the concept of “comparative negligence The term “comparative negligence: means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused”.
If you’re injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you’re guilty of contributory negligence. You may also be guilty of a form of contributory negligence if you voluntarily expose yourself to danger – by riding a roller coaster without wearing a seat belt, or working with a neighbor’s power saw or other dangerous tool if you’re inexperienced or fail to use a safety guard. This is called assumption of risk.