Slip and fall accidents are a common occurrence in both public and private spaces. When someone slips, trips, or falls, it is natural to wonder who is at fault and liable for the accident. If you were distracted at the time that you slipped and fell, you may wonder whether you can be held responsible. Liability in slip and fall accidents is nuanced, so it is important that you fully understand your legal rights and obligations. Contact a Monmouth County slip and fall accident attorney to set up your free consultation and discuss your case today.
Who is Responsible if I Was Distracted When I Slipped and Fell?
Determining liability is crucial in a slip and fall case to figure out who is responsible for paying for the damages associated with the accident. In general, property owners often face liability for slip and falls as they are responsible for providing a safe environment for visitors. If they were negligent and did not identify or fix a hazard that contributed to your fall, they can be held responsible. However, if you were distracted at the time of your slip and fall it can be an important factor considered by the insurance company or court.
Whether you were distracted by your phone, surroundings, or were simply caught up in your thoughts, your distraction could have contributed to the accident. But if the property owner also contributed to the accident through their negligence, then who is responsible? The answer can be both of you under New Jersey’s comparative negligence law.
What is Comparative Negligence?
Comparative negligence is a legal principle that is used in many states to determine liability. New Jersey operates under a modified comparative negligence system, stating the following in N.J.S.A. 2A:15-5.1.
“Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or injury to person or property, if such negligence was not greater than the negligence of the person against whom recovery is sought or was not greater than the combined negligence of the persons against whom recovery is sought. Any damages sustained shall be diminished by the percentage sustained of negligence attributable to the person recovering.”
This means that more than one person or entity can be assigned a percentage of the liability in an accident. Even if you are found somewhat responsible for your slip and fall, as long as your percentage of fault is less than the other party’s, you are still entitled to compensation for your damages. However, the amount of compensation you can recover is reduced by the percent you are found at-fault. For example, if you are 10% liable for walking while distracted, you can only recover 90% of your total damages.
To learn more about your legal rights and options after a slip and fall, contact an experienced attorney at The Wilton Law Firm today.