Cell Phone Use and Slip and Fall Accidents

The causes of slip and fall accidents are many. However, the prevalence of cell phone usage has increasingly become one.

We’ve all seen it or have been the perpetrator – someone bumps into us because they were texting, someone almost causes a car accident because they were (illegally!) texting while driving, someone maims themselves or others because they were distracted by their phone. In many ways, the little handy device has become a vice, especially when it comes to accidents.

According to an article by Dr. Samuel Howart on Underwriter.ca, cell phone use alters a person’s walking patterns and ultimately increases their chances of experiencing a fall.

He says that when using a mobile phone while walking:

• People tend to walk slower;
• Their strides are shorter, wider, and their cadence (number of steps per minute) is also reduced;
• They demonstrate greater deviation from the intended walking path; and,
• Coordination of movements between the head and trunk as well as between the pelvis and trunk is altered.

Since cell phone usage has only recently become ubiquitous, there is still much to investigate with regards to the relationship between cell phones and falling. “For example,” Dr. Howart explains, “how does mobile phone use influence toe clearance, a critical factor in determining tripping potential, while walking on level ground, walking up/down stairs, or stepping over/onto an obstacle? Does a person’s reaction to a slip/trip change if they are using a mobile phone while walking? As new scientific evidence emerges, we will gain a better understanding of the potential implications that mobile phone use could have on slip/trip and fall cases.”

It would be interesting to see how slip and fall claims resulting from cell phone use would be processed. A key element in slip and fall claims is determining who is at fault. If it is found that the person with the cell phone caused the accident, insurance companies will be hard pressed to award compensation.

However, cell phone use might only be considered contributory negligence. If, for instance, you slip and fall because of an un-shoveled walkway or wet floor where someone else is at fault, insurance companies and their lawyers can allege that you contributed to your own downfall by being on the cell phone, thereby being distracted and not ensuring your own safety.

As the article states, an analysis by a biomechanics expert, “can assess the impact that contributory factors such as mobile phone use could have had on the incident’s likelihood. Appropriately qualified biomechanical experts have specific knowledge of how the body moves, and responds to balance disturbances such as slips or trips. These individuals can also address the mechanisms and thresholds for injuries as they relate to particular incidents.” If contributory negligence is proven, the amount of compensation may be reduced in relation to the extent to which you contributed to your accident. Depending on your situation, if you’ve been injured in a slip and fall accident, you could be entitled to compensation. The best way to receive a fair settlement is to speak with a lawyer right away. For more information, visit our slip and fall section and review our 5 Steps to Building a Successful Slip and Fall Claim.