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The “Distracted Walker” Phenomenon and Shared Liability in Slip-and-Fall Accidents
The “Distracted Walker” Phenomenon and Shared Liability in Slip-and-Fall Accidents
New York City is known as the best city in the country for walking and public transportation. Between 2013 and 2023, pedestrian deaths on NYC roads dropped by 45 percent. However, in recent decades, a new danger to pedestrians has emerged – not from vehicles but from distractions.
The “distracted walker” phenomenon refers to pedestrians who are so engrossed in their smartphones, devices, or conversations that they could overlook a hazard as they walk. One study found that 39 percent of New Yorkers admitted to personally walking distracted – a higher percentage than walkers in other US cities. If you get injured in a slip-and-fall accident on someone else’s property while distracted, this raises serious questions about who is responsible.
In this article, we will discuss the phenomenon of the distracted walker in greater detail and consider how shared liability can affect compensation in a slip-and-fall accident claim in New York City. You may have more legal options available to you than you might expect.
The Dangers of Distracted Walking
A detailed study by the American Academy of Orthopedic Surgeons (AAOS) found that almost 25 percent of Americans have witnessed a distracted walking incident, and 26 percent have been involved in an incident personally.
It’s common for distracted walking incidents to involve:
- Falling down stairs
- Tripping over curbs
- Stepping into traffic without looking
- Walking into objects, such as trash cans and lampposts
If you are fortunate, you may be able to walk away with bruising to nothing more than your ego. However, these seemingly minor, low-speed accidents can lead to catastrophic and occasionally fatal consequences.
The law on distracted walking in New York
Back in 2019, there were moves in the New York State Senate to ban pedestrians from crossing the road while using portable electronic devices. While these have not become law, walking while distracted could lead to jaywalking, which is illegal in New York City.
Also, if you get involved in an accident and injure someone or cause damage to another person’s property, you could potentially be pursued for compensation in a civil case. However, liability is often complex, and it is important to talk to an experienced New York City slip-and-fall accident attorney to understand your legal position.
Types of distraction while walking
Distractions while walking fall into three main categories:
- Manual: Distractions involving your hands, such as eating, smoking, or texting
- Visual: Anything causing you to take your eyes off where you are going, such as following a map, reading on a smartphone, or operating a music player
- Cognitive: When our minds are elsewhere due to stress, conversations, fatigue, or the influence of drugs or alcohol
It may not be realistic for any of us to be completely focused on the road ahead the entire time we are walking. However, it is usually best to avoid using a smartphone while walking on the street. Ask yourself, “Can it wait?” If it can, then deal with it later.
Also, be attentive to your surroundings, including other pedestrians. Noise-canceling headphones can make it harder to hear and respond to sounds on the road, such as approaching vehicles or emergency sirens. Therefore, it is probably best to avoid wearing them when walking in busy areas.
The danger of complacency
We all readily acknowledge that distracted driving is dangerous, even potentially lethal. Yet, many do not feel the same way about distracted walking. We may feel it is perfectly safe to text, watch videos, play video games, or engage in a serious conversation while walking.
The AAOS study discovered that while 78 percent of people agree that distracted walking is a serious problem, only 29 percent admit it is an issue for them personally. According to the majority, the problem is everyone else.
Who is at risk?
A review of emergency department visits due to distracted walking found that from 2011 to 2019, there were an estimated 29,140 injuries suffered across all age groups. Perhaps unsurprisingly, given their high level of smartphone use, people between the ages of 11 and 20 suffered the most injuries.
While young people sustain the most slip-and-fall accidents, older adults are at the greatest risk of serious injuries. Women over the age of 55 are the most likely to sustain serious injuries due to distracted walking.
Injuries suffered from distracted walking
Sadly, every year, people lose their lives or get seriously injured from downplaying the risks and engaging in distracted walking. Slip and fall injuries may sound innocuous, but it’s possible to sustain injuries such as:
- Broken bones
- Sprains and strains
- Internal injuries
If you damage your spine, hit your head, or receive other catastrophic injuries, your life may never be the same again. For seniors, slip-and-fall accidents can be especially devastating. The CDC estimates that 1 in 5 falls results in a serious injury to people aged 65 and older. Each year, over 800,000 seniors are hospitalized due to a fall injury.
Whether your injuries are life-changing or less serious, it is crucial to seek advice from a slip and fall attorney. Even if you think you were partially responsible, do not hold back from seeking legal advice.
A lawyer can use his or her in-depth understanding of New York shared liability laws to determine whether you have the right to pursue compensation for the economic losses and pain and suffering you have endured. You can find out what your case may be worth during a free consultation.
Shared Liability: Seeking Compensation When You Are Partly Responsible
In slip and fall cases, before you can seek compensation for medical bills, lost income, and other expenses, you must prove who was liable for the accident. This may be complicated in cases involving distracted walking, as there may be two or more potentially liable parties for the slip-and-fall accident that caused your injuries.
The good news is that even if you were partly responsible for your slip-and-fall accident, New York laws enable you to pursue compensation from the other party or parties.
New York shared liability laws
State laws determine how your own degree of fault affects the money you could get. For instance, New York is a pure comparative negligence state. This means that even if you were 99 percent responsible for an accident in this state, you may still be able to recover compensation from the other party.
However, on the flip side, this means the other party or parties also have the right to seek compensation from you. At the same time, under comparative negligence laws, your settlement will be reduced if you were partially responsible for your own injuries.
For example, if you are found to be 40 percent responsible for the accident due to distracted walking, you will only receive 60 percent of the settlement you would have received if you had not been responsible at all.
Conversely, the same would go for a case involving a distracted driver. If you and he were found to both be 50 percent at fault, in New York, you could receive 50 percent of damages.
Proving liability in slip and fall cases
Property owners and managers have a duty to protect visitors who enter their premises. To recover compensation from a property manager or owner, your attorney must prove that he or she could have foreseen an injury taking place and yet failed to take appropriate action. Simply put, you must prove their liability.
The property owner’s negligence could include:
- Failing to clean or maintain their property
- Failing to rope off a hazardous area
- Failing to give notice of an existing hazard
- Failing to remove debris or obstacles from walkways
However, if the property owner can produce surveillance camera footage or other evidence that you were distracted at the time, you may bear partial responsibility for what happened.
An experienced slip-and-fall attorney could investigate your case and build a strong slip-and-fall claim for compensation. From there, your lawyer would negotiate with the other party’s insurance company or attorneys to agree on a fair settlement for both parties. If necessary, a slip-and-fall lawsuit could be filed and you could go on to pursue damages in court.
Trust the Experience of Hill & Moin Slip and Fall Attorneys
A slip-and-fall accident involving a distracted walker can be complicated, especially as such cases often involve shared liability and foreseeability of a hazard. However, do not let the complexities put you off seeking justice and the compensation you need to get your life back on track.
At the New York law firm of Hill & Moin, our attorneys are ready to listen carefully to your story. While it may be complex, we can provide the advice you need to decide whether you want to take your case forward. If you hire us, you may rest assured that we will do all we can to give you the best possible chance of receiving the compensation you deserve for your slip-and-fall accident.
If you are ready to learn more about the Personal Injury Recovery SolutionsⓇ to your slip-and-fall, schedule a free consultation with us. Call us 24/7 at (212) 668-6000 or complete our online form, and we will contact you soon.
Don’t wonder about your rights!