Contributory And Comparative Negligence For Slip And Injury Accidents

If you are deemed to have contributed to your slip and fall accident case, then the legal theories of contributory or comparative negligence may be applied to your case. In such a case, your damages may be voided or reduced depending on your level of contribution to the accident. For example, you may be deemed to have contributed to the accident if:

You Were Distracted

Distraction is one of the leading causes of accidents, whether in the workplace, while driving, or even while walking. There are several causes of distractions, but the modern era invention of the smartphone seems to be running ahead of the pack. Looking at your cellphone while navigating a shopping mall, for instance, can cause you to bump onto things or step on slippery surfaces, causing you to slip and fall. If that happens, you may be deemed to have contributed to your injury due to the phone distraction.

You Had No Reason to Be There

One of the first things a defendant will do when you accuse them of slip and fall injury liability is to question what you were doing on their premises. This is to determine whether you had a valid reason to be there, because if you don't, then you can be accused of being careless, and your carelessness will be deemed to have contributed to your injury. For example, if you were sightseeing on a construction site and you got injured because you were mesmerized by the earthmovers, you can easily be accused of having contributed to your accident.

You Ignored Safety Measures

Property owners are required to adopt certain safety measures if there are unavoidable dangers on their property grounds. For example, a shopping mall mopping its floors has no choice but to get the floors wet and slippery, but such a place is likely to warn shoppers of the slippery floor by putting up signs. If you got injured despite such a sign being in place, then don't be surprised if you are deemed to have contributed to the fall.

Your Footwear Was Wrong For the Occasion

Lastly, you can also be viewed as having contributed to your accident if you were wearing the wrong shoes for the occasion. Examples include wearing shoes with slippery soles on an area with oil spills or wearing high-heeled shoes in an area with uneven surfaces. Your contribution to the accident is even more likely to be established if you knew what the nature of the environment would be like before getting there.

A slip and fall injury lawyer can help you strengthen your case and reduce or eliminate your perceived contribution. Don't instigate your case before consulting a personal injury attorney first.