Slip and falls can be painful and emotionally distressing accidents. Understanding your right to compensation and how the legal process works after being involved in such a situation is imperative to protect yourself. If you were distracted before your fall and are wondering whether or not you can be held liable for the resulting damages, it is crucial that you consult an experienced Bergen County slip & fall lawyer for more information and legal representation today.
What is Premises Liability?
New Jersey premises liability law states that property owners owe a duty of care to visitors and guests lawfully present on the property. These laws apply to private homes, grocery stores, restaurants, retail stores, etc.
Property owners are legally required to provide guests with an environment that is reasonably free of dangers and hazards. They must perform regular inspections and maintenance of their property to identify and fix problems that could potentially cause an accident or damage.
Can I Be Held Liable for My Slip and Fall if I Was Distracted?
Under premises liability laws, property owners are generally responsible for the injuries and damages associated with a slip and fall accident. However, if you were distracted at the time of your fall then you could be held partially liable due to comparative negligence.
What is Comparative Negligence?
Comparative negligence is a legal concept that allows more than one party to be held liable for a single event. During an insurance claim or personal injury lawsuit, the evidence and details of the accident will be examined thoroughly. Based on the information provided, each party involved can be assigned a portion of the blame for causing or contributing to the accident and resulting damages.
For example, if the owner of a private home had prior knowledge of a hazard like a broken step on their staircase and failed to fix the problem or let you know to avoid it, they will be considered negligent and liable if you fall.
However, if in the same situation, you were walking down the stairs while scrolling social media on your phone and fell, you could be assigned a percentage of liability. Although the property owner was negligent by failing to fix the hazard, you were also negligent by not paying attention to your surroundings.
New Jersey implements a modified comparative negligence law, meaning that as long as your negligence was not greater than the property owner’s negligence, you can still recover compensation in a claim or lawsuit. Whether or not you will be held liable for a slip and fall if you were distracted depends on the percentage of fault you are assigned.
For more information and to obtain skilled legal representation, consult with a knowledgeable personal injury attorney today.
