In this article, we take a closer look into how “slip and fall accident” claims can arise, what you need to prove to recover compensation in settlement negotiations or in court, and some possible legal defenses the property owner may raise.
Stone Rose Law represents personal injury claim victims in Arizona. If you have been injured on another person’s property, call us at (480) 498-8998 to speak with an experienced personal injury lawyer.
Every property owner, and by extension those who manage the property of another, owe a fundamental duty of care to those who are lawfully on their property. The exact nature of this duty depends on the reason you were on the property of the other person in the first place. Personal injury law divides these people into invitees, licensees, and trespassers.
You are an invitee if you are on another’s property for business reasons. Examples of invitees include visitors to retail stores, commercial office buildings, and other business locations.
The basic duty of property owners and managers to licensees is to maintain the premises in a reasonably safe condition. For example, this means keeping floors clear of trip and slip hazards.
To qualify as an injury hazard, a condition on the premises must be there long enough for an employee to notice it and do something about it. Also, if the hazard is one that would reasonably be open and obvious to a visitor, then chances are it does not qualify as a hazard.
You are a licensee if you are on the other person’s property by permission, but not for a business purpose. Social guests are the most common kind of licensee.
The duty of care owed to licensees is to warn them of dangerous conditions the property owner or manager knows about that would otherwise create an unreasonable risk of harm and that the licensee would not be likely to discover independently.
For example, if a defective outlet poses a risk of electric shock when used, it could pose an unreasonable risk of harm if the licensee has no warning not to use it.
The general rule in Arizona is that property owners owe no duty of care to trespassers, who are people on the property without permission. Two exceptions to this rule are the “attractive nuisance” rule for child trespassers and harm that comes to a trespasser because of the property owner’s intentional, willful, or wanton behavior.
If the premises where the accident occurred are public instead of private property, then the rules for a slip-and-fall claim are a little different. A different statute of limitations applies under which you must notify the government of your intention to file a claim. The kinds of damages you can recover may also vary.
When proving negligence in a slip and fall claim, you will need to show sufficient evidence to prove it “more likely than not” that both of the following are true.
As we have seen above, in most cases this means establishing yourself as an invitee or licensee when the injury occurred.
You can show that a breach of the duty of care existed if you were injured because of some negligent or purposeful act of the property owner or manager. For example, a supermarket allowed a liquid spill to remain on the floor for an unreasonable length of time.
It is not enough to show that you fell. You have to show some kind of personal injury, property damage, or both as a result of the fall.
This harm must be capable of being converted into a dollar amount, like medical bills, lost wages because you can’t work, cost to repair or replace property, or, in some cases, more indirect damages like emotional distress or pain and suffering.
Slip-and-fall cases are subject to the same statute of limitations as any other personal injury claim: two years from the day the accident occurred.
In limited cases, like a soft tissue injury that did not show symptoms right away, the beginning of the statute of limitations may be delayed until the day you knew or reasonably should have known that you were injured because of the accident.
It is a good idea to seek medical treatment after a slip and fall accident. Your doctor can diagnose the severity of any injury and evaluate the potential for delayed symptoms. Also, as we will see shortly, getting medical attention right away can help reduce the possibility that the defendant property owner or manager can claim later that you were negligent in failing to seek medical care promptly.
Generally, a property owner will look to the following kinds of defenses to avoid liability or to minimize the settlement value of your slip-and-fall claim.
If your injury occurred before the owner or manager of the property could act to correct a hazardous condition, this could be a defense to the claim that a breach of the owner’s duty to you happened.
Or, if you were trespassing at the time, this could be the basis of the owner’s claim that no duty of care existed.
The defense may try to claim that you are either making up your injuries or exaggerating their severity to avoid liability or minimize the amount of any settlement payout or damages award.
Arizona is a “comparative fault” state for purposes of valuing money damages in personal injury cases. This means that the property owner may attempt to show that you negligently or even intentionally contributed to the harm you experienced.
In a court case, if the defendant is able to prove that the plaintiff was at least partly at fault for his or her own injury, then the court will decide how to allocate fault between the two sides on a percentage basis.
For example, let’s say that you were running down a supermarket aisle when you stepped on a grape or engaging in horseplay with someone else when you fell. If the court decides that you were 20% at fault as a result, then any damages award you receive in a lawsuit would be reduced by the same percentage.
There is no limit to how much a court can reduce your damages because of comparative fault. Theoretically, at least, you can prove that the defendant was at fault for your injury, but the defendant can prove that you were 99% at fault.
In settlement negotiations, the property owner’s insurance company, defense lawyer, or both will also look for ways to claim that you were at least in part responsible for the harm that occurred to negotiate down any settlement payment to you.
Slip-and-fall claims can be challenging to pursue.
Insurance claim adjusters and personal injury defense attorneys will look for any weakness in your claim to deny or minimize it. In this age of surveillance cameras, they often have video evidence of the accident to scour over, looking for any way you might have been contributorily negligent.
At Stone Rose Law, our personal injury attorneys have extensive experience representing plaintiffs injured in slip-and-fall accidents. We understand how important it is to thoroughly prepare your case for settlement negotiations.
We will:
If we have to take your case to trial, we only get paid if you win.
Remember: depending on where your slip and fall injury happened in Arizona, you could have as little as 180 days to act if you want to keep your right to make a legal claim. Time is critical.
Call us today at (480) 498-8998 to talk with one of our experienced slip-and-fall injury attorneys. You can also reach out to us via our contact form.
