Taking a tumble is never fun, especially if it results in physical harm or property damage. If you were involved in a slip and fall accident but were distracted at the time of your fall, you may be wondering whether you can be held liable for the accident. Personal injury cases involving slip and falls can be complex, especially when multiple parties may have contributed to the incident through negligence or recklessness. Liability depends on a variety of factors relevant to the situation, so the answer may not be clear-cut. To learn more about your legal rights and responsibilities during your case, speak with an experienced Corpus Christi, Texas slip & fall lawyer today.
Am I Liable for a Slip and Fall if I Was Distracted?
Whether you were on your phone, lost in thought, or engaged in another activity, being distracted at the time of your slip and fall could result in you shouldering some of the liability. When you slip and fall on private or public property and become injured, you are generally entitled to compensation from the property owner. Under premises liability laws, property owners have a legal responsibility to provide visitors with a safe environment free from unreasonable risks or danger. If the property owner was negligent in their inspections or maintenance and it caused your fall, they could be held liable for your medical expenses, lost wages, property damage, emotional distress, and more.
But what if you were distracted at the time of the slip and fall? Did your distraction cause or contribute to the injury? Can you be held liable? Under contributory negligence you could face some liability if you were distracted during your slip and fall.
What is Contributory Negligence?
Contributory negligence, often referred to as comparative negligence, is a legal term that refers to more than one party being found negligent for the damages and losses associated with an accident. Under this system, a court can recognize that more than one party involved contributed to the accident and injuries that resulted.
According to the Civil Practice and Remedies Code § 33.001, Texas operates under a modified contributory negligence system, which states that even if a plaintiff contributed to the accident, they can still recover compensation unless the plaintiff’s negligence is greater than 50%.
In essence, both you and the property owner could be assigned a percentage of the blame for the accident. If they were negligent by failing to fix a leak, for example, and you slipped on the wet floor, they could be considered at fault. However, if the accident could have been avoided but you were texting with your head down at the time, you could also be assigned a percentage of the fault. As long as you are less responsible than the other party involved, you can still recover compensation for your damages, though your compensation will be reduced based on the amount of liability you are assigned.
To learn more and secure skilled representation, reach out to an experienced personal injury attorney today.
