Can Distracted Walking Threaten My Claim?

Distracted walking, like distracted driving, poses a significant risk. Many New Jersey residents are often seen engrossed in their phones while walking, oblivious to their surroundings. Distraction can be a crucial factor in your ability to recover compensation after a slip and fall accident. If you slipped and fell while distracted on someone else’s property, please continue reading as we explore how distracted walking can threaten your claim and how a determined New Jersey Slip and Fall Attorney can help you fight for the justice you deserve. 

Can I Be Held Responsible if I Was Distracted When I Slipped and Fell?

First, it’s important to understand that New Jersey is a modified comparative negligence state. This means that an injured party can still recover damages if they are partially at fault for an accident. However, their compensation will be reduced by their percentage of fault. For example, if you are found to be 30% responsible for a slip and fall accident, you can recover 70% of the total damages. Essentially, the percentage of fault assigned to each party involved affects the amount of compensation that can be recovered.

If you were distracted when you slipped and fell, the property owner or their insurance company could argue that your distraction contributed to the cause of the accident. If you are partially responsible for the accident, this could potentially reduce the amount of compensation you can recover.

Nevertheless, even if you were distracted property owners still have a legal duty to maintain their premises in a reasonably safe condition and to warn guests of known or foreseeable hazards. Property owners who neglect to maintain a safe environment may be held liable for any resulting injuries. The fact that you were distracted won’t automatically bar you from seeking compensation. However, it will be a factor that is considered alongside other circumstances.

Should I Consult an Attorney?

For a successful claim, you will need to prove that the property owner had a duty of care, breached that duty through negligence, and that the breach directly caused your injuries, leading to damages. You must show that the property owner either knew or should have known about the dangerous condition on their premises and failed to take reasonable steps to remedy the hazard.

In the unfortunate event that you have been injured in a slip-and-fall accident in New Jersey, it’s in your best interest to consult with an attorney from Lutz Injury Law, who can help you understand your rights and options. We are prepared to help you determine whether or not you have a valid claim and what steps you need to take to recover the compensation you need to get your life back on track. Connect with our firm today to learn how we can fight for you.