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Cell Phone Use and Slip and Fall Accidents

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Cell Phone Use and Slip and Fall Accidents

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

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Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
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I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
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My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
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I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
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Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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