Yes, in some cases. If a guest ignores clear rules, engages in reckless behavior like diving in shallow water after being warned not to, or trespasses, they may be found fully or partially at fault. This is known as comparative fault. Their compensation could be reduced by their percentage of responsibility. However, the property owner’s duty to maintain a safe environment is high, especially for children, who are not expected to exercise the same judgment as adults.

Evidence of your prior condition provides a baseline to measure the impact of the incident. Gather recent photos and videos showing your mobility and lifestyle, records of hobbies or activities, and past employment performance reviews. Medical records from before the event are vital to prove pre-existing conditions were not aggravated. This “before” picture powerfully contrasts with your “after” condition, proving the specific losses in your quality of life, abilities, and enjoyment.

To have a strong claim, a visitor must generally establish four key points. First, the property owner had a duty of care. Second, a dangerous condition existed, like a wet floor or torn carpet. Third, the owner knew or should have known about it but did not fix it or warn you. Finally, this failure directly caused your fall and resulting injuries. Evidence like photos, incident reports, and witness statements is crucial.