Slip and Fall Series: What If I’m Partially to Blame for My Injuries?
Many say that if you have a slip and fall accident, chances are you had something to do with it. Maybe you’re just naturally clumsy. Or perhaps you weren’t looking where you were going. Whatever the case, this is a defense that businesses and people alike use to get your claim dismissed. What if the business was right and you are partially responsible for your injuries? How will this affect your claim?
Here’s the scenario: your teenage son and his friend are horsing around in the hallway of your apartment complex. They have been running up and down the stairs all afternoon, even after you warned them of the dangerous condition the stairs were in. While running up the stair, your son’s friend trips on a broken board and falls, slamming his face to the ground, causing a concussion. You rush the teen to the hospital. A few months later, your landlord angrily informs you that the apartment complex is being sued for the teen’s injuries. He claims it wasn’t the property owners’ fault because the kids were playing around at the time of the incident. What does this mean for the teen’s case?
The number one component in a slip and fall case is proving fault – who is ultimately responsible for the injury. It’s also one of the hardest things to prove in a court of law, which is the reason why tangible evidence is so important. In the case above, it’s true the at the kids are partially to blame for the accident. If they were behaving properly, then chances are the teen would have avoided the broken board. However, the condition of the stairs was known to be faulty. Therefore the apartment complex is not completely innocent in this case. So yes, the teen still has a case against the complex’s owners; however, because of his actions, he probably will not receive much for his case.
When you have a slip and fall injury on someone’s property and you may be partially to blame for the accident, it’s best to get the opinion of an experienced attorney to see if you have a case. For more than 26 years, the Law Offices of Anthony Carbone have been handling slip and fall cases throughout New Jersey. Contact us today for a free consultation.