All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.
Can the property owner say the accident was my fault because I was not paying attention?
Even if you were not paying attention, this will typically only result in a reduction in the amount you recover.
This is a common tactic used by insurance defense lawyers. The court may reduce your damages by your percentage of fault. However, the entire surrounding circumstance may be considered and may mitigate your not paying attention or noticing the hazard. The facts of each case are different and should be analyzed by an experienced slip and fall attorney.