When a person is injured in an accident in in California and share a part of the blame for the accident’s cause, he or she may still be able to recover damages for the losses that were incurred. California follows a rule called comparative negligence, which means that people who have some of the fault may still recover compensation. However, the amount that they may receive will be reduced by the percentage of fault that is allocated to them. Allegations of partial negligence may not always result in a finding that a person was comparatively negligent, however. A recent case in California, Steven Meier v. PennySaver USA, LLC, et al, Riverside Superior Court / RIC1507069, demonstrates the principle that if a person’s negligence did not contribute to the accident, the person may still recover all of his or her damages.
Steven Meier, a 59-year-old security guard who worked for Securitas Security Services, was working at a PennySaver USA facility on Oct. 20, 2013. While he was patrolling, a Pennysaver USA employee who was operating a forklift reversed into Meier, dragging him 15 feet and pinning his leg under the equipment. Another piece of machinery had to be brought in to lift the forklift off of his leg. Doctors attempted to save his leg, but it had to be amputated below the knee. Meier filed a lawsuit against PennySaver USA for its employee’s negligence and the company’s vicarious liability for the employee’s failure to look in the direction of travel while he was reversing the forklift.