Slip and fall accidents are all too common and often result in significant physical injuries as well as mental distress. Understanding your rights after a fall is crucial in ensuring you can collect compensation for your damages and losses. But who is liable for a slip and fall if you were distracted at the time of the accident? For more information, read on and obtain representation from an experienced Middlesex County premises liability attorney today.
Will I Be Liable if I Was Distracted at the Time of My Slip and Fall?
If you were distracted at the time of your slip and fall accident, there is a good chance you will be found partially liable. The actual outcome of your insurance claim or injury lawsuit will depend on the specific circumstances of your situation. When determining responsibility, insurance providers or juries will likely consider what a reasonable person would have done in that situation.
For example, if you were texting while walking through a grocery store and tripped over a magazine stand, you will likely be held responsible for the accident and your injuries. A magazine stand is a stationary object that was there before you arrived at the store. A reasonable person should have been able to see and avoid a collision with the object.
However, if you were texting while walking through a grocery store and slipped on spilled milk that had been sitting there, the property owner will likely take the majority of the blame despite the fact that you were distracted. Property owners and employees have a duty to do regular checks and maintenance of the property to ensure safety. If the milk had been spilled twenty minutes ago, someone reasonably should have identified the hazard and acted to either clean up the spill, section off the area, or warn customers to avoid the milk.
What is Comparative Negligence?
Comparative negligence is a standard used in many jurisdictions to determine liability in personal injury cases. New Jersey state law uses a modified comparative negligence law, meaning that as long as you are less responsible for the accident than the other party involved, you can recover compensation.
Through comparative negligence, insurance companies or juries can assign a portion of the fault for an accident to multiple parties. If you are found partially responsible for your accident because you were distracted, the compensation you are entitled to may be reduced based on the percentage of liability you are allocated. For example, if you are found 10% responsible due to your distraction but the property owner is found 90% responsible as a result of their negligence, you can recover 90% of your total damages.
To learn more about your right to compensation after being involved in a slip and fall accident, schedule a consultation with a skillful attorney at Stathis & Leonardis, LLC today.
