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Scottsdale Slip & Fall Attorney

When you are on someone else’s property, the owner usually has a legal duty to minimize your risk of harm.

Under Arizona law, this duty is formalized as “premises liability law.” However, you might be more familiar with its informal name, “the slip-and-fall law.” 

The Scottsdale personal injury attorneys at the Stone Rose Law firm know exactly how Arizona law applies to property owners regarding injuries sustained by their guests.

Have you been injured while on someone else’s property? If so, you might be able to recover compensation for your medical expenses, lost wages, and property damage resulting from the result. One of our experienced slip-and-fall claim attorneys can help evaluate your claim in a free consultation. Call us at (480) 498-8998 to find out more.

Why Choose Us?

  • For decades, we have provided high-quality legal representation to accident victims throughout Arizona. 
  • Our law firm is renowned for excellence in the community and among our peers.
  • Our testimonials demonstrate our dedication to the success of our clients. 
  • We can take slip-and-fall accident cases to trial in Scottsdale, if necessary, for the best possible results.
  • Our Scottsdale slip and fall lawyers work on a contingency fee basis, meaning you won’t pay a dime until we secure financial compensation for your slip and fall injury claim.

Why You Need to Hire a Scottsdale Slip and Fall Attorney

A slip and fall accident can lead to a complicated personal injury claim. And going up against a property owner or insurance company can be an uphill battle that can be difficult to manage on your own.

Insurance companies and adjusters are notorious for putting their own interests above those of their policyholders. They are for-profit businesses that may use various tactics to avoid paying slip-and-fall accident victims.

An attorney representing you during the insurance claims process can prevent the insurer from taking advantage of you. Your lawyer can aggressively negotiate with an insurance claims adjuster to fight for maximum compensation on your behalf. Legal services from a law firm can include:

  • Comprehensive accident investigation
  • Evidence collection
  • Claims filing
  • Litigation in court

Your Stone Rose lawyer will work relentlessly to prove your premises liability case and combat potential defenses to liability that may be asserted by the accused party (the defendant), such as accusations of clumsiness or failure to pay attention.

Furthermore, working with our slip-and-fall attorneys will allow you to move forward without worrying about the legal process. 

What Is a Premises Liability Claim?

Premises liability is a legal theory that can hold a property owner legally responsible (liable) for damages arising from an injury on that person’s property. If the property contained a defect that a reasonable and prudent property owner or controller would have fixed before the accident happened and caused injury to a victim, the owner could be held liable within a premises liability claim. 

It will be up to you or your slip-and-fall lawyer to establish that the property owner’s negligence is more likely to be true than not true. This is known as a preponderance of the evidence

You must present compelling evidence to establish the elements of your slip and fall case. This will vary based on the status of the person and the land. If you were an invitee, you must show: 

  1. The defendant allowed unreasonably dangerous conditions
  2. The defendant was negligent of noticeably dangerous maintenance requirement
  3. The defendant’s negligence was the cause of your slip-and-fall accident
  4. You suffered damages from the fall

A Scottsdale slip-and-fall attorney can help you understand and establish the elements of your premises liability claim. They can further support you by discovering and organizing the evidence themselves. 

Three Types of Property Visitors

Proving negligence in a slip and fall accident case requires evidence of a breach of the property owner’s duty of care to the visitor.

A duty of care is a legal or ethical obligation to act reasonably or exercise ordinary care for the benefit of someone else. Every property owner, lessee, or controller in Arizona has a duty of care to visitors, but the specific responsibilities depend on the type of visitor.

There are three classifications:

  1. Invitee: someone who has the landowner’s permission to enter the property and does so for the owner’s benefit, such as a customer at a business. These visitors are owed the highest standards of care, meaning the owner must search the property for new or hidden defects, repair known hazards, and warn invitees of non-obvious injury risks.
  2. Licensee: someone who has the landowner’s permission or legal authority to enter the property and does so for their own benefit, such as a social guest or salesperson. The licensee’s duty is simply to warn visitors of known hazards that one wouldn’t reasonably expect to discover on their own (such as hidden defects). There is no duty to repair hazards.  
  3. Trespasser: someone who does not have the owner’s permission or legal authority to enter or remain on the property. generally, the only duty owed to a trespasser is to avoid willfully harming them. One exception is minors in certain circumstances.
An infographic listing the different types of property visitors that could be injured in a slip-and-fall.

You will need to determine which type of visitor you were at the time of your slip and fall accident to confirm your eligibility for a premises liability claim. If you were a trespasser or licensee, the property owner may not be financially responsible for your fall-related injuries.

Our attorneys at Stone Rose Law can review your case for free and help you understand your visitor classification if you are unsure.

Common Causes of Slip and Fall Accidents in Scottsdale

According to the National Floor Safety Institute, slip and fall accidents result in an estimated one million emergency department visits each year in the United States. These accidents can occur on public sidewalks, in parking lots, shopping malls, restaurants, bars, apartment buildings, hotels, Airbnbs, cruise ships, and other various locations.

Property owners have a responsibility to check for and remedy dangerous conditions on their properties that present a foreseeable risk of slip or trip and fall accidents.

Common fall hazards include:

  • Wet or waxed floors 
  • Slippery surfaces
  • Rain, snow, or ice
  • Spilled food or drinks
  • A lack of warning signs
  • Dangerous staircases
  • Uneven curbs
  • Cluttered walkways or aisles
  • Loose rugs or carpets
  • Exposed chords
  • Inadequate lighting

In bad weather conditions, a Scottsdale property owner is legally obligated to take due care to prevent fall hazards. This may include mopping wet floors in a timely manner and putting out “Caution: Wet Floor” signs.

If a landowner fails to fulfill his or her duties of care toward a lawful visitor and this results in an unsafe property condition and a slip-and-fall accident, the owner can be held responsible with a premises liability lawsuit.

Frequent Injuries Suffered in Slip and Fall Accidents

A slip-and-fall accident can cause much worse injuries than just minor bumps and bruises. These accidents have the potential to inflict serious injuries and even fatal injuries. For example, an elderly victim may suffer a fractured hip that results in medical complications and wrongful death.

Common injuries caused by slip and fall accidents in Scottsdale are:

  • Broken bones
  • Soft-tissue damage
  • Muscle sprains and strains
  • Knee injuries
  • Wrist and elbow injuries
  • Shoulder dislocation
  • Concussions and other traumatic brain injuries
  • Spinal cord injuries
  • Nerve damage
  • Cuts and deep lacerations
  • Bruises and contusions
  • Internal organ trauma
A graphic listing out common. slip and fall injuries.

If you already had an injury or medical condition before the accident, such as pre-existing back problems, a fall could make it worse. You can still recover financial compensation from a negligent property owner if you have a pre-existing condition. You may also be eligible for compensation for the worsening of your injury.

Contact our personal injury law attorneys for legal advice about your specific injury diagnosis, prognosis, and situation.

What Are a Property Owner’s Responsibilities in Preventing Fall Accidents?

What constitutes “reasonable care” of a property depends on what a reasonable and prudent landowner would do in the same or similar circumstances. If the property owner falls short of this duty of care, he or she can be found liable for a related slip and fall accident.

The reasonable steps that a property owner may have to take to prevent fall accidents include:

  • Preventing water accumulation by removing rainwater, ice, or snow
  • Promptly repairing any leaky pipes that lead to slippery floors
  • Posting conspicuous warning signs of dangerous conditions
  • Providing adequate lighting so that residents can see potential hazards
  • Removing clutter or debris from walkways and pedestrian paths
  • Repairing any uneven, cracked, or defective floor surfaces in a timely manner
  • At a business, requiring employees to conduct routine property inspections

In a premises liability claim, a judge or jury will review all of the evidence submitted by both the slip and fall accident victim and property owner. Then, the jury will decide whether the victim (the plaintiff) met the burden of proof in establishing that the defendant failed to act with reasonable care.

If so, the property owner will be found liable for the incident and must pay the victim a specific amount in damages (financial compensation). If not, the case will be dismissed. 

Who Is Liable for a Slip and Fall Accident in Arizona?

Property owners are named in slip-and-fall accident lawsuits in Arizona more often than any other party. However, it is sometimes possible to hold someone other than the property owner responsible for this type of accident.

If the property owner leased the land or building to someone else who was in control of the premises at the time of your fall, you can hold the leasor or controller liable. You may also be able to hold a landlord responsible for injuries that occur on a rented property, such as an apartment, if your fall was related to a defect in a common area or area they control.

Did Your Slip and Fall Accident Happen at Work?

If you suffered an injury in a slip or trip and fall accident at work in Scottsdale, your legal rights may differ from the average accident victim. You may be able to file a workers’ compensation claim to receive no-fault benefits from your employer’s insurance company without needing to prove that someone else was at fault for your accident.

You could be eligible for both workers’ comp and a personal injury claim if someone other than your employer is to blame for the fall accident, such as a coworker or contractor. Speak to a workplace accident attorney at Stone Rose Law for more information about this type of case.

What Types of Compensation Are Available?

A slip-and-fall accident could lead to major losses and expenses for you and your family. The medical costs connected to treating your injury alone could reach thousands of dollars. You may also be unable to return to your job in the same capacity after your accident, resulting in lost wages.

Filing a slip and fall claim in Scottsdale could result in financial compensation for the losses that you suffered because of a property owner’s negligence.

The types of compensation available in slip and fall cases may include:

  • Past and future necessary medical care
  • Disability costs
  • Losses of income 
  • Lost capacity to earn
  • Transportation and travel
  • Pain and suffering
  • Emotional damage 
  • Inconvenience
  • Reduced quality or enjoyment of life
  • Loss of consortium
  • Wrongful death damages, if applicable

You can seek compensation for both economic damages (like medical bills) and non-economic damages (like pain and suffering) in a personal injury claim. In some cases, punitive damages are also available. Punitive damages can be awarded to plaintiffs in personal injury claims involving defendants who are guilty of gross negligence, malicious intent to harm, reckless or wrongful acts, or a wanton disregard for the safety of others.

Contact Us for a Free Case Consultation in Scottsdale, Arizona

Do not delay in seeking legal advice and counsel after suffering an injury in a slip and fall accident. Claimants typically only have two years from their accidents to file these claims in Arizona. Filing too late could lead to losing your ability to pursue justice and financial compensation.At Stone Rose Law, we offer free initial slip and fall accident case consultations at no obligation to hire us. We will listen to your story to help you fully understand your legal options. Speak to a Scottsdale personal injury attorney today at (480) 498-8998, or contact us online, and we will get back to you as soon as possible.