From grocery store aisles to office hallways, sidewalks, and apartment staircases, slip and fall accidents can happen anywhere. Unfortunately, these accidents are not only common but can leave a victim with serious injuries, including head trauma, fractures, and spinal injuries. Besides the physical injuries, slip and fall accidents can lead to major financial and emotional challenges for victims.
If you’ve been in a slip and fall accident in Phoenix, Arizona, you might be wondering who is legally responsible for your injuries. Legal liability often depends on Arizona premises liability laws, the circumstances of your accident, and whether negligence played a role. Let’s break down these factors for a better understanding of who may be liable for your slip and fall injuries.
Understanding Premise Liability in Arizona
Premises liability is a legal concept that requires property managers and occupiers to keep their premises reasonably safe for visitors. Under Arizona laws, property owners and managers owe a duty of care to individuals who lawfully visit their property, including addressing hazards in a timely manner.
The duty of care also includes providing warnings about known hazards when immediate correction isn’t possible. The principle of premise liability is applicable regardless of where the accident occurs. However, the duty of care varies depending on the visitor’s legal status.
For instance, invitees such as customers, clients, or guests in a business are owed the highest duty of care. Licensees like social guests must also be warned of known hazards. Trespassers are generally not owed a duty of care.
Common Causes of Slip and Fall Accidents
Some of the common hazards that can lead to a slip-and-fall accident in Phoenix include:
- Wet or slippery floors
- Uneven surfaces, including cracked sidewalks, potholes, or broken tiles
- Poor lighting in walkways, stairways, or parking lots
- Weather-related hazards, including snowy walkways
- Obstacles or debris on walkways, including boxes or cords
Who May Be Responsible for a Slip and Fall Accident?
One or more parties may be legally responsible for a slip and fall accident. Some of the parties that may be liable include:
- Property Owners – Homeowners or commercial property owners are often liable for accidents due to unsafe conditions on their property. For instance, if a homeowner fails to repair a broken tile and a guest trips and falls as a result.
- Business Operators – Retailers, restaurants, and other business establishments are responsible for inspecting and maintaining the property’s interior. The tenants and not the landlord may be liable for accidents that occur in the business premises. For example, a slip and fall accident due to a grocery store’s failure to clean up spilled drinks.
- Government Entities – If a fall occurs on public property, including a city-maintained sidewalk or government building, a city, county, or state agency may be liable. Claims against government agencies have strict notice requirements and filing deadlines.
- Property Managers– Property managers may be liable for failing to maintain safe conditions in common areas. For example, failure to repair faulty lights in stairways or parking lots.
- Contractors or Maintenance Companies – Where a third-party contractor or maintenance company fails to maintain safe conditions, including leaving a hazard unattended, they may be liable. For instance, if a cleaning company fails to warn visitors about wet or slippery floors during or after cleaning.
Proving Fault in Phoenix Slip and Fall Claim
For a successful slip and fall case, you must establish the defendant’s negligence, including proving that:
- i) The defendant owed you a duty of care to keep their premises reasonably safe
- ii) A dangerous condition existed on the property, and the defendant knew or should have known about the hazard
- iii) They failed to act reasonably by not fixing or warning about the dangerous condition
- iv) Their breach of duty caused your fall
- v) You suffered damages as a result of the accident
Relevant evidence is critical in proving negligence. This may include photos or videos of the hazard, witness statements, incident reports, maintenance and inspection records, and medical documentation of your injuries.
Some of the damages you can recover in a slip and fall claim include medical expenses, lost wages, and loss of earning capacity. You can also recover compensation for pain and suffering, reduced quality of life, and rehabilitation costs.
Arizona’s Comparative Negligence Rule
Arizona follows the pure comparative negligence rule. This means you can still recover compensation even if you were partly at fault for the accident that caused your injuries. However, your compensation amount will be reduced by your percentage of fault.
Besides the comparative negligence rule, other critical legal requirements in a personal injury claim include the statute of limitations. In Arizona, the statute of limitations for most personal injury claims is two years from the date of the accident. However, claims against government entities require a notice of claim within 180 days.
Steps to Take After a Slip and Fall Accident
- Seek immediate medical attention. Prioritize your safety and well-being. Medical records are also key evidence in a personal injury claim.
- Gather evidence. Document the scene, including taking photos and gathering witness contacts.
- Report the incident. Notify the property owner, manager, or relevant authority. File an incident report and get a copy.
- Contact an Arizona personal injury attorney. Avoid speaking to insurance adjusters before contacting a slip and fall accident lawyer.
How a Slip and Fall Accident Lawyer Can Help
A skilled Phoenix slip and fall attorney can strengthen your claim by helping investigate the accident scene, identify all liable parties, and gather and preserve crucial evidence. The lawyer will also handle negotiations with insurance companies and represent you in court if needed. With an attorney helping you, you are able to focus on recovery as they handle legal matters.
Contact a Phoenix Slip and Fall Accident Attorney
Slip and fall accidents can leave victims requiring expensive medical treatment, with a permanent disability, and out of work. While Arizona entitles victims to compensation, a slip-and-fall claim can be complex, including proving negligence. A skilled Phoenix slip-and-fall accident lawyer can guide you through the complexities and help you secure fair compensation.
If you are in Phoenix, AZ, and you or a loved one has been injured in a slip and fall accident, contact our skilled and experienced slip and fall accident attorney at the Karina Ordonez Law Office. We will help you navigate the damage recovery process, protect your rights, and get you the compensation you need and deserve. Contact us today to schedule a free consultation and let us help you recover compensation.
