In some cases, it is possible that an individual will be found partially responsible for his or her injuries. A few states use a contributory negligence standard while others, such as Ohio have enacted either a pure or modified comparative negligence statute. The contributory negligence standard states that an individual cannot recover damages if he or she was even 1 percent at fault.
The comparative negligence standard in a premises liability lawsuit holds that the property owner pays damages in proportion to his or her fault in the case. However, the modified system says that if the injured party is more than 50 percent at fault, the property owner is not liable for any damages. If the injured party is less than 50 percent at fault, the property owner would still pay in proportion to his or her fault. For instance, if the injured party was 40 percent at fault, he or she would collect 60 percent of an award.