Serving The Injured In New York And Pennsylvania

What happens if I was partially responsible for my slip-and-fall?

On Behalf of | Jan 29, 2025 | Personal Injury

When a person is injured in a slip-and-fall accident, it is likely that the property owner is at least partially responsible for the accident due to negligence. A property owner may have been negligent in:

  • Failing to conduct regular inspections.
  • Failing to properly hire, train, and supervise employees.
  • Failing to fix dangerous conditions on the property.
  • Failing to warn guests or customers of existing dangers.

If a property owner is found to be 100 percent liable for a slip-and-fall accident, they will likely have to pay 100 percent of the damages awarded to the victim. Generally, these damages cover medical expenses, lost wages, pain and suffering, and other accident-related costs.

However, in some premises liability cases, the victim’s own negligence may have contributed to the accident. A slip-and-fall victim may have been negligent in:

  • Failing to pay attention.
  • Using a cell phone/texting while walking.
  • Ignoring caution signs/warnings posted by property owners.
  • Failing to wear proper footwear.
  • Wearing loose or baggy clothing.

if the victim is found partially liable for their own injuries, their ability to recover damages and the amount they recover will depend on the state.

In both New York and Pennsylvania, damages (for victims entitled to damages) will be reduced based on the percentage of fault attributed to the victim. For example, a victim who was found 40 percent liable for her accident in Pennsylvania will only recover $60,000 of the $100,000 awarded to her by the jury.