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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.
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:
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.
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:
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.
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:
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.
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:
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.
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:
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 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:
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.
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.
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.
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:
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.
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.