Slip-and-fall accidents can happen anywhere. You might trip on something at the grocery store or stumble on an uneven sidewalk. But what if you were texting while walking or not paying attention? Does this mean you cannot seek compensation for your injuries? New Jersey law addresses this situation through comparative negligence. Let us explore how this concept affects your ability to sue for a slip-and-fall injury.
How does the law determine fault in a slip-and-fall case?
Most states, including New Jersey, follow a “comparative negligence” rule, which means the court gives a percentage of fault to each party involved. You can recover damages depending on your degree of fault. New Jersey law states you can still get compensation if you are 50% or less at fault. However, the court reduces your compensation by your percentage of fault.
For example, imagine you trip and fall on a loose rug in a store. You were looking at your phone and did not see the rug. The court might find the store 80% at fault for not securing the rug and you 20% for not paying attention. If you win a $10,000 settlement, you will receive $8,000 (80% of the total).
What are some examples of comparative negligence in slip-and-fall cases?
Several everyday situations can lead to a shared fault in a slip-and-fall accident:
- Distracted walking: Talking on the phone, texting or not paying attention to your surroundings.
- Ignoring warning signs: Disregarding “wet floor” signs or caution cones.
- Wearing inappropriate footwear: High heels or slippery shoes on a potentially hazardous surface.
Even if you were partially responsible for your fall, you could still be eligible for compensation. Understanding how comparative negligence works is crucial in determining your legal options.
Can I win my claim?
In a slip-and-fall case, determining who is liable can be complex. Understanding New Jersey’s comparative negligence law is key to building a strong claim. Consult a lawyer to learn about your rights and actions to take. This can help you secure the compensation you deserve.