Can You Sue a Grocery Store for an Accident If You Were Partly at Fault?
You’re shopping. You slip on a slick aisle, trip over a box, or crash into a broken cart. You get hurt, but then comes the twist: maybe you were looking at your phone or missed a warning sign. Now you’re wondering: “Can I still sue if the accident was partially my fault?”
Short answer: yes. In Nevada, being partly at fault doesn’t kill your claim. It just changes how compensation works.
At Mainor Ellis Injury Lawyers, we’ve handled plenty of grocery store accident claims where clients thought they had “no case” because they shared some blame yet still walked away with substantial recoveries.
Nevada’s Modified Comparative Negligence Rule
Nevada law uses what’s called modified comparative negligence under NRS 41.141. It’s a simple but powerful system:
- If you’re less than 51% at fault, you can still recover your compensation.
- Your recoverable damages are reduced by your percentage of fault.
- If you’re 51% or more at fault, you get nothing.
So if a jury says you were 30% at fault for texting while walking, and your total damages are $100,000, you still get $70,000. This rule protects injured people who made a mistake but weren’t the main cause of their injury.
Picture these situations:
- You slipped on spilled juice that had been on the floor for an hour but you were also scrolling your phone.
- You tripped over an empty box left in an aisle but you were running and not watching where you stepped.
- You fell on a loose floor mat near the entrance but you walked in fast and didn’t hold onto the rail.
In each case, a court might assign partial blame to you. But if the store failed to fix or warn about hazards, they can still owe you compensation. Your share of fault simply reduces your payout.
Grocery Stores Still Owe You a Legal Duty
Under Nevada premises liability law, grocery stores owe customers a duty of reasonable care. That means:
- Regularly inspecting for hazards
- Cleaning spills quickly
- Fixing broken equipment or unsafe conditions
- Warning customers of known dangers
If they fail to do this, they’re negligent and that makes them financially liable when you’re hurt. Even if you weren’t being 100% careful, their duty doesn’t disappear.
How to Prove the Store Was Still Negligent Despite Your Fault
No matter your role in the accident, you need to build a strong case that the store contributed to it. That means:
- Gathering surveillance footage or incident reports
- Photographing hazards immediately
- Collecting witness statements
- Requesting maintenance and inspection logs
- Seeking medical documentation tying your injuries to the fall
The stronger your evidence of the store’s negligence, the less fault will be attributed to you and the higher your potential compensation. You might want to consider working with a Las Vegas grocery store accident lawyer to help you strengthen your case against the store to recover maximum compensation.
Injured in a Grocery Store Accident? Our Lawyers Can Help
Stores and their insurers love blaming victims. If they can push your share of fault to 51% or higher, you get nothing. That’s why having a lawyer on your side helps.
In Nevada, being partly at fault for a grocery store accident does not bar you from seeking compensation. If you’re under 51% at fault, the law still protects you and the store can still be held accountable for their negligence.
Contact Mainor Ellis Injury Lawyers to get your free consultation with our Las Vegas personal injury lawyers and discuss how much you can recover if you bring your claim against the store. Call at 702-450-5000 to get started.
