Looking at a phone while walking is common today. These small distractions happen every day. When a fall occurs during one of these moments, people often worry they cannot recover damages. However, distraction does not automatically end a claim. What matters is whether a dangerous condition contributed to the fall and caused the injuries.
What role does personal responsibility play?
New Jersey law recognizes that more than one person can contribute to an accident. Under the state’s comparative negligence system, injured individuals can still pursue compensation even when partially at fault.
Courts examine the actions of everyone involved. A person checking their phone may bear some responsibility. However, that does not remove the owner’s duty to keep premises safe.
How much fault is too much?
The percentage of fault matters significantly in slip-and-fall cases. When an injured person is found less than 51% responsible, recovery remains possible. The compensation awarded will decrease based on the assigned percentage of fault.
For instance, if damages total $100,000 and the injured party is 30% at fault, the final award would be $70,000. However, crossing the 51% threshold bars any recovery entirely. This makes fault percentages critical to the outcome.
Can property owners shift blame to distracted visitors?
Property owners and insurance companies often try to avoid paying by pointing to distraction. They argue that looking at a phone caused the entire accident. This defense does not always work. The owner must still fix hazards and warn people about dangers. Poor lighting, hidden dangers or ignored safety problems can make the owner liable. Distraction matters less when the property itself was unsafe.
What evidence can help a distracted visitor’s case?
To build a strong case, you need proof that the dangerous condition led to the fall. These may include:
- Photos of the accident scene showing the dangerous condition
- Witness statements describing what happened
- Medical records proving the injuries came from the fall
- Maintenance logs showing the owner knew about the problem
- Prior complaints about the same hazard
A wet floor without warning signs, a broken stairway railing or uneven pavement represents a danger to everyone. Distraction alone does not give insurers a reason to deny valid claims.
Knowing your rights in a slip-and-fall accident
Momentary distraction should not prevent recovery for serious injuries in a slip-and-fall accident. Even when fault is shared, injured individuals can recover damages for medical bills, lost wages and pain and suffering. Understanding your rights can help determine your options and hold negligent property owners accountable.