California follows a pure comparative negligence system. This means that injured parties can seek compensation even if they were partly at fault, with the court adjusting the amount of compensation based on how much they were at fault. So, even if someone’s attention wanders during a slip-and-fall incident, they can still seek compensation. The court may simply reduce their compensation based on how much their distraction contributed to the accident.
Determining fault
California courts consider several factors when deciding who is at fault in a slip-and-fall case:
- How well the property owner maintained safety
- How easy it was to see the hazard
- Whether there were proper warning signs
- How careful the injured person was being
- What was distracting the injured person
Common distractions might include using a phone, talking to someone or carrying something that blocks your view. The court will consider whether these distractions were reasonable and how much they contributed to the fall. They might consider even briefly glancing at your phone to be a reasonable distraction. However, they would likely deem watching a full video while walking through a clearly marked hazardous area unreasonable.
Location matters
Where a slip-and-fall accident happens can affect how courts view distraction. Different places have different expectations for how careful visitors should be and how safe property owners should make their premises. Generally, courts may look at:
- What kind of place it was (like a busy store or quiet office)
- How many people usually visit the area
- If there were things meant to catch attention, like ads
- Whether the distraction was necessary (like watching your kids)
- How long the distraction lasted
- Whether the property owner should have expected distractions
Property owners have a duty to maintain safe premises and warn visitors about known hazards, even if visitors might become distracted. However, they are not always liable in all cases. If the hazard is obvious and easy to see, or if the person’s distraction is extremely careless or unreasonable, then the property owner may not be held responsible. For example, if someone ignores clear warning signs while texting, the court may not hold the property owner accountable for their injury.
Not sure about what to do next?
Slip-and-fall accidents can leave you wondering about the next steps you should take. A personal injury attorney can help clarify your situation and advise on the best course of action.
