After being injured in a slip and fall, one of your top priorities may be collecting damages for the expenses associated with the accident. Whether you are able to recover compensation through an insurance claim or personal injury lawsuit depends on who is deemed liable in your case, so determining the at-fault party is crucial. If you were distracted at the time of your slip and fall, you may be wondering whether you can be held responsible. Keep reading for more information and consult with an experienced Sussex County slip & fall lawyer for skilled representation.
Am I Responsible for a Slip and Fall if I Was Distracted?
If you were distracted at the time of your slip and fall, it is possible that you will be held responsible or at least partially responsible under New Jersey’s comparative negligence laws.
New Jersey operates under a modified comparative negligence system, meaning that more than one party can be held responsible for damages ensuing from an accident. Through this process, the evidence is evaluated and each party is assigned a percentage of fault for the accident. One party could be deemed 100% negligent or it could be split 80/20, 50/50, and so on.
For example, suppose there is construction being done in a commercial building that requires large cables to be run through the front door from a truck on the street. The cables are covering the sidewalk, creating a tripping hazard, and no efforts were made to protect passersby from the danger, like taping the wires down or warning pedestrians. You were walking down the sidewalk while texting with your head down and your foot caught on a cable, causing you to fall and break your ankle. Yes, you were distracted at the time of your fall and should have been paying closer attention while walking, but you would not have gotten hurt if the cables had not been present or if they had been properly secured. Although you can be held partially responsible, the business was negligent by failing to take steps to protect pedestrians, so liability can be split.
Can I Recover Compensation if I Was Distracted?
If you were distracted at the time of your fall, it does not automatically disqualify you from recovering compensation. NJ’s comparative negligence laws state that as long as you are less responsible than the other party, you can still be compensated for your damages. For example, if you are assigned 10% responsibility because you were distracted and the other party is assigned 90% responsibility because of their negligence, you can recover 90% of your total losses.
The compensation you are entitled to is reduced by the percentage you are deemed liable, but you are still able to recover damages as long as you are not more responsible than the other party involved.
Personal injury law can be complicated, so it is essential that you understand your rights and legal options after being involved in an accident. Consult with a skilled attorney at Laddey Clark & Ryan, LLP for more information today.
