Slip and fall accidents are all too common and often extremely damaging. Whether you are walking down the street, doing your weekly grocery shopping, or taking the stairs at the office, one misstep could result in an accident and serious injuries. If you were distracted at the time of your slip and fall, you may wonder whether you can be held liable or if you will be able to recover compensation. In New Jersey, both things can be true. To learn more about your legal rights and options, set up a free consultation with an experienced Monmouth County slip and fall lawyer today.
Am I Liable if I Was Distracted at the Time of My Slip and Fall?
Although your being distracted could impact the outcome of your case, it does not automatically mean that you are liable for the accident or that you cannot recover compensation. Liability in a slip and fall case can be complex and depends on the circumstances of the accident.
When you slip and hurt yourself, the most important thing is to determine who was responsible for the unsafe conditions that led to your accident. The property owner or manager is often held responsible for slip and falls that occur on their property under premises liability law. This law states that property owners are responsible for maintaining a reasonably safe environment for guests and customers. They can be held liable for any accident or damage that occurs as a result of their negligence.
For example, if you slipped in a grocery store because the floor was wet and there were no warning signs, the property owner or manager could be considered negligent as they failed to take precautions and warn patrons of the danger. However, if you were distracted at the time of the accident, like you were texting with your head down, your responsibility could be called into question under comparative negligence.
What is Comparative Negligence?
Comparative negligence is an important legal principle in personal injury law. Under a comparative negligence system, more than one party can be held responsible for an accident and the resulting damages. If you are found partially at fault for an accident, the compensation you are entitled to can be reduced based on the degree of your responsibility.
The court will generally assess the evidence available and determine how much your actions contributed to the accident compared to the property owner or another party involved. For example, in the above situation, the court could decide that you are 15% responsible for the slip and fall because the accident could have been avoided if you were not distracted by your phone. However, the property owner still had a responsibility to resolve or at least warn customers about the hazardous spill, so they will be found 85% liable. In this instance, you can recover 85% of your total damages.
Understanding liability laws is crucial in protecting your rights after a slip and fall. To learn more and secure skilled representation, reach out to an experienced attorney at Falcon Law Firm today.
