Slip and fall accidents are some of the most common types of personal injury accidents and often lead to severe physical and mental issues. Liability is one of the most important factors in a slip and fall as the individual or entity responsible for the accident is generally liable for covering the cost of medical expenses and related losses resulting from the fall. If you were distracted when you slipped and fell you may question whether you can be held responsible for your damages. Continue reading and speak with a Rockland County slip and fall lawyer for legal advice and representation in your personal injury case.
What is Premises Liability?
Premises liability is a legal concept that holds property owners responsible for accidents and injuries that occur on their property. Liability generally falls to the property owner after a slip and fall as they have a legal responsibility to maintain a safe environment for guests and visitors of their property.
For example, if a grocery store fails to clean up a spill or warn customers that the floor has just been mopped, the store can be held liable for injuries caused by a slip and fall. The key factor is whether the property owner was negligent in maintaining the property or not. The store manager in this scenario was negligent if they did not clean up the spill, rope off the area, verbally warn customers, or put out a wet floor sign or some other warning to proceed with caution.
Can I Be Held Responsible if I Was Distracted When I Slipped and Fell?
Despite premises liability laws, responsibility for a slip and fall does not automatically fall to the property owner. If you, as the person who fell, were distracted before the accident, the case can become more complicated. It is possible that your distraction will be considered negligence on your part, meaning that you contributed to the accident and your injuries.
Whether you are texting, talking on the phone, listening to music, or just lost in your thoughts, these distractions take your attention away from your surroundings and result in a higher likelihood of you missing potential hazards and causing an accident.
While property owners owe you a duty of care as long as you are on the premises legally, you are also expected to exercise reasonable caution. If it is determined that a reasonable person in the same or similar situation would have been aware enough to avoid the hazard, you could be found partially responsible for the accident.
Under New York’s comparative negligence law, liability for an accident can be shared between multiple parties. Even if you are found partially responsible for causing or exacerbating the accident and your injuries, there is still a chance that you can recover compensation. Reach out to a skilled injury attorney for more information and legal assistance.
