Can You Still Recover Compensation If You Were Distracted During a Slip and Fall Accident?

Slip and fall accidents can happen anywhere — in a grocery store, at work, or even on the stairs at your office building. These accidents may seem minor at first, but they often lead to serious injuries that impact your health, job, and finances.

If you were distracted at the time of your fall — for example, checking your phone or carrying items — you might wonder if that means you’re at fault and unable to recover compensation. The reality under New Jersey law is more nuanced.

Does Being Distracted Make You Automatically Liable?

Not necessarily. Simply being distracted doesn’t mean you are fully to blame for your accident, nor does it prevent you from seeking compensation. In slip and fall cases, the bigger question is who failed to maintain safe conditions.

Property owners and managers have a duty, under New Jersey premises liability law, to keep their property reasonably safe for visitors. If they neglect this responsibility, they can be held legally responsible for resulting injuries.

For instance, if a store leaves a spill on the floor without cleaning it up or posting warning signs, the store may be considered negligent. However, if you were distracted while walking, your own level of responsibility could also come into play.

How Comparative Negligence Works in New Jersey

New Jersey uses a comparative negligence system. This means both you and the property owner could share responsibility for the accident. If the court finds that you contributed to the accident by being distracted, your compensation will be reduced by your percentage of fault.

Example: Suppose the court decides you were 20% at fault because you were texting when you fell, but the property owner was 80% at fault for not addressing a dangerous spill. In this case, you could still recover 80% of your damages.

This system allows injured individuals to still pursue compensation even if they weren’t entirely careful, as long as the property owner’s negligence was the primary factor.

Protecting Your Rights After a Slip and Fall

Slip and fall claims are rarely straightforward, especially when distractions are involved. Insurance companies often try to place more blame on the injured person to minimize payouts. That’s why having an experienced personal injury attorney is critical.

An attorney can investigate the conditions that caused your fall, gather evidence, and protect your rights under New Jersey law. Even if you were distracted, you may still be entitled to significant compensation for your injuries, medical bills, and lost income.

If you’ve been hurt in a slip and fall accident in Rockaway or anywhere in New Jersey, contact Barreto Law Firm today for a free consultation and case review.