Was Your Slip and Fall Injury Actually Preventable?
Posted April 23rd, 2019 by Anthony Carbone, PC.
Categories: Slip and Falls.
Is it still an accident if it was inevitable? Was it literally an accident waiting to happen? Truth be told, there’s a chance that your slip and fall injury was actually preventable. Does this lessen the blow, even a little?
Hindsight often sheds a different light on slip and fall accidents. Sometimes, the meaning becomes quite literal. For example, darkness adds to the danger. Therefore, a poorly lit walkway may contribute to the reasons you slip and trip and fall to the ground.
Poor lighting adds to staircase accidents as well. How many times have you tried to maneuver your way down steps in a poorly lit hallway and failed? However, illuminated steps aren’t the only issue. Wouldn’t handrails make an accident more preventable?
In bad weather, slip and fall injuries could be prevented if premises owners took my care in clearing snow and ice. By the same token, uneven surfaces should be repaired in order to ensure pedestrian safety. As far as you see it, the fact that you fell in a supermarket seems incomprehensible. From what you’ve heard, the big stores have all kinds of policies in place so that people don’t get hurt when they go out for a simple loaf of bread.
- Believe it or not, the fact that your accident was preventable factors into whether or not you have the right to pursue a personal injury claim.
Preventing Slip and Fall Accidents
The truth is that some slip and fall accidents are avoidable. In some cases, it involves walking around hazardous conditions. However, an argument can be made that that’s not always possible. In the meantime, injury victims may bear some amount of responsibility when it comes to preventing their falls. These include:
- The obvious – watch your steps.
- Avoid distractions, such as texting and walking.
- Hold on to handrails when accessible.
- Wear appropriate footwear.
- Look out for tripping hazards
More than likely, you recognize these as just some basic considerations. By the same token, you may be wondering what happens if you’re found to be partially liable for the incident that causes your accident.
You should know that under New Jersey law, your claim is considered under a theory of comparative negligence. You must be found less negligent than the party that caused your accident to claim damages. And, the amount of money you receive is discounted by your percentage of liability.
No doubt you’re frustrated if you believe your slip and fall accident was preventable. Contact the Law Offices of Anthony Carbone if you’re injured and wish to investigate filing a claim. We look forward to helping you!
CALL NOW 201-829-3829