In Pennsylvania, property owners are responsible for creating and maintaining a safe environment for guests under premises liability. If an accident, like a slip and fall, occurs on their property due to their negligence, they are responsible for the damages. But what happens if you were distracted when you slipped and fell? Are you liable? Continue reading to find out and obtain help from an experienced York County, PA premises liability attorney today.
What if I Was Distracted When I Slipped and Fell?
If you were distracted when you slipped and fell it does not necessarily mean that you will automatically be held responsible for the accident and be unable to recover compensation. However, you could be held partially responsible under Pennsylvania’s modified comparative negligence law.
Distractions can take many forms. You may have been walking around while texting, reading, listening to music, talking to a friend, or just generally not paying attention to your surroundings. If you slipped and fell while distracted, it does not mean that you caused the accident, but it could mean that you contributed to it.
If you are found partially responsible, you will not be eligible to receive the full amount of your expenses associated with the accident. However, the actual outcome of comparative negligence and an insurance claim or lawsuit depends on the specifics of your situation.
What is Comparative Negligence?
Comparative negligence is a rule in personal injury cases, including slip and falls. This principle allows insurance companies or courts to divvy up the responsibility for an accident and injury between multiple parties. If you are found to be partially responsible for your accident due to your distraction, the amount of compensation you are entitled to recover could be reduced by the percentage of blame you are assigned. As long as your contributory fault is not more than 51%, you can still recover damages.
For example, suppose you were walking down a staircase in a retail store and were looking down at your phone while doing so. If you missed a step and fell because you were not paying attention, you will likely be assigned a majority of the liability for the accident. In fact, you may not recover any compensation at all.
However, if you were walking down a staircase in a retail store and were looking down at your phone while doing so, but your foot caught on a loose floorboard, causing you to fall, you will likely be able to recover compensation. The property owner should have identified the hazard of the loose board and either roped off the steps or warned customers about the danger. While both of you were negligent in a way, the breach of their duty of care likely outweighs your negligence in texting while walking.
To learn more about your rights and legal options after a slip and fall, set up a consultation with a skilled attorney at Ilkhanoff & Silverstein today.
