Dangerous condition at Walmart Part 4

First a disclaimer. I am not a lawyer, so don't take any of this as legal advice.

It turns out Colorado is a "Modified Comparative Fault" state. This means if the plaintiff is 50% or more at fault, then they can't get any damages. So let's try to calculate comparative fault.

There are three things that have to happen for this accident to occur.

1. The floor has to be slippery
2. The protection measures have to be flawed
3. Someone has to decide to ride a skateboard in the aisle

Let's start with 33% for each part and adjust from there. I would argue 2 should be increased to 50% as Walmart has an important duty to think carefully about the safety of its customers. If the accident victim were an adult, that would put the plaintiff's fault at about 25%. But my daughter is not an adult. 3 should be reduced due to the expected maturity level of a 14 year old.

At what age would we expect a kid to stop skateboarding in Walmart? The best evidence is from actual behavior. We know kids do it, because we see skateboards on the floor. Unfortunately I did not witness any of those kids, so you will have to use your imagination. My personal guess is teenagers do stuff like this all the time. If a 14 year old has half the maturity of an adult for this type of thing, that would bring her fault down to 12%.

Ultimately it is a matter of common sense. Is it ok for stores like Walmart to leave a dangerous situation in place when they know kids will get hurt.