More often than not, property owners are responsible for slip and fall accidents that occur on their property as a result of their negligence in maintaining their property. However, the individual who is held accountable for the associated damages can vary depending on the details of the situation. If you were distracted at the time of your slip and fall you may be wondering whether you can be held liable for the accident and resulting damages. For more information and to secure knowledgeable representation during your personal injury case, reach out to a New Jersey premises liability lawyer today.
What is Premises Liability?
Premises liability is an important legal concept when it comes to personal injury accidents, especially slip and falls. Under premises liability laws, property owners have a legal duty of care to lawful visitors of their property. They have a legal obligation to perform regular inspections and upkeep of the premises to ensure a safe environment for guests.
If the property owner fails to maintain a reasonably safe environment and an accident occurs, their negligence can result in liability for the injuries and damages that follow.
Am I Liable for a Slip and Fall if I Was Distracted?
While property owners are generally responsible for slip and fall accidents, it is possible for you, as the victim, to be held liable depending on the circumstances. Remember that property owners are only liable to a person injured on their premises if the injury was caused by the owner’s negligence, gross negligence, or malicious failure to protect guests from dangerous conditions.
If your slip and fall was caused by your distraction and not some wrongdoing on the part of the property owner then yes, you can be held liable for the accident and damages. For example, suppose you were walking in a store and were simultaneously reading a magazine. While you were distracted by your reading, you failed to see a wet floor sign and slipped on a spill, hurting yourself. In this case, the property owner did their part in warning you about the spill through posted signs but your distraction caused you to fall anyway. In this case, you can be held liable.
In another scenario, imagine a customer spilled a drink and notified the manager of the store. However, the manager did not act quickly to rope off the area, clean up the spill, or warn others of the hazard. If 20 minutes pass and you are walking by while reading a magazine and slip, the property owner will likely be held liable as they were negligent in rectifying the danger.
It is important to keep in mind that both you and the property owner could share liability through comparative negligence laws. For more information and skilled legal representation, reach out to an experienced attorney today.
