Slip and fall accidents are common occurrences and they can happen to anyone at any time. When an accident like this happens, one of the most important considerations that arises is liability, meaning who is responsible for the accident and resulting damages. If you were distracted at the time of your slip and fall you may wonder whether you can be held responsible and if you will be able to collect compensation. Read on for more information and contact an experienced Pike County, KY premises liability lawyer for legal advice and representation during your personal injury case.
Who is Liable for a Slip and Fall?
Slip and fall cases generally involve premises liability law. Premises liability is a property owner’s legal responsibility to provide a safe environment for welcomed guests and visitors. Their obligations include performing regular inspections and maintenance to avoid hazards and injuries.
If an individual is injured on a property due to the owner’s negligence in evaluating or maintaining the property’s safety, the property owner can be held liable for the resulting damages.
Can I Be Held Responsible for My Slip and Fall if I Was Distracted?
Although many slip and fall accidents result in the property owner’s liability, if you were distracted at the time of the fall it could make the situation slightly more complicated. You could have been distracted in several ways like walking while reading, texting, talking on the phone, talking to a friend nearby, or just daydreaming and not paying attention to where you were.
In this situation, you may question whether you can be held responsible for your own accident. In short, yes, you can.
What is Comparative Negligence?
A key concept in determining responsibility in any accident, including slip and falls, is comparative negligence. This legal principle allows multiple parties to be held accountable for a singular accident. Through comparative negligence, an insurance company or court will evaluate the details of the case before assigning a percentage of fault to each party involved.
By using comparative negligence you can be held fully or partially responsible for your accident. If your accident was a direct result of your being distracted, like you were texting while walking down the stairs and fell, you will likely be assigned a majority of the blame and be held liable for your own damages.
However, if the other party contributed to the accident, you could share the responsibility. For example, suppose you were texting while walking which caused you not to notice that the floor was wet from a leak in the ceiling. Although you were distracted, the property owner should have been aware of the leak and repaired it, cleaned up the water, or sectioned off the area. Because you were both negligent you can share responsibility.
Under comparative negligence laws, the compensation you receive will be reduced by the percentage of fault you are assigned. For more information on your rights and options after a slip and fall, consult with a skilled injury lawyer today.
