What You Must Prove to Win an Arizona Slip and Fall Claim

What You Must Prove to Win an Arizona Slip and Fall Claim

Slip and fall incidents in Arizona are as prevalent as car accidents. Demonstrating the negligence of the responsible party requires a slightly different approach compared to automobile collisions. Our team of lawyers at Esquire Law helps with slip-and-fall claims. We offer free legal advice during consultations. In Arizona, slip and fall injuries often happen because property owners don’t fix dangerous conditions or remove tripping hazards.

Types Of Hazards Leading To Slip And Fall Accidents In Arizona

Proper care and attention can prevent each of these situations. Property owners may face consideration of negligence if they fail to fix hazards or put up signs. Tripping and falling on their premises can injure a person.

  • Protruding objects
  • Holes in flooring
  • Cracks in flooring
  • Neglecting to tidy up food or beverage spills
  • Freshly mopped or polished floors lacking warning signs
  • Electrical cords across walkways
  • Uneven flooring or pavement indoors or outdoors
  • Loose or wobbly stairs
  • Stairs lacking handrails or with loose handrails
  • Loose pavement in parking lots or sidewalks
  • Loose floor mats or other flooring materials on walkways

Common Injuries Resulting From Slip-And-Fall Accidents In Arizona

Slip-and-fall accidents can result in a variety of injuries, ranging from minor bruises to severe trauma. In Arizona, common injuries arising from slip-and-fall incidents include:

  • Broken hips and pelvic bones
  • Back and spinal cord injuries
  • Traumatic brain injuries
  • Neck injuries
  • Fractures to wrists, arms, or ankles

If you have experienced a slip and fall accident, you need to seek medical attention right away for assessment. Some people may not realize that slipping and falling can cause serious injuries in Arizona. They might think that they are just sore or bruised.

Understanding The Basics Of Slip-And-Fall Accidents

Before getting into the details of proving fault in a slip-and-fall case, it’s important to understand some basic concepts.

  • Premises Liability: Property owners are legally responsible for maintaining safe conditions on their premises. If they don’t, they may held responsible for any injuries.
  • Statute of Limitations: In Arizona, there’s a limited timeframe within which you can file a personal injury claim. Generally, you have two years from the accident date to initiate legal proceedings. You must complete this deadline to seek compensation.

What You Need To Prove In A Slip-And-Fall Accident

To prevail in a slip-and-fall claim in Arizona, you must demonstrate several key elements:

Duty: Showing that the defendant had a responsibility to keep the premises safe for others.

For example: If a store has wet floors, they should put up signs to warn customers. This is part of the owner/employees’ rules.

Breach: Establishing that the defendant breached the duty of care.

For example: If you slip and fall in a grocery store because there is no warning sign indicating a slick floor. The store may face consideration for negligence for failing to fulfill its duty.

Causation: Proving that the injuries sustained are directly linked to the defendant’s breach of duty. Getting medical help after slipping and falling can help show how it’s related to someone else’s carelessness.

Damages: Showing evidence that the injuries were indeed a result of the accident. Using medical records from a thorough exam will help the victim’s case in a slip-and-fall accident claim.

Arizona applies pure comparative fault, so the plaintiff’s compensation may decrease depending on the percentage of fault. Therefore, having an experienced Arizona injury lawyer is crucial in slip-and-fall cases.

Building A Strong Case For A Slip-And-Fall Claim

To strengthen your slip-and-fall claim, consider the following strategies:

  • Gather Evidence: Collect as much evidence as possible from the accident scene, including photographs, witness statements, and incident reports. This evidence can corroborate your version of events and support your claim.
  • Consult Injury Attorneys: Seeking guidance from experienced personal injury attorneys can significantly enhance your chances of success. They can give you legal advice, talk to insurance companies for you, and go to court for you if needed.
  • Prove Negligence: Show that the property owner didn’t take care by letting a dangerous situation happen on their property. This may involve presenting maintenance records, inspection reports, and other relevant documents.

Mistakes To Avoid In A Premises Liability Claim

Failure to Report to Management:

  • Reporting your slip and fall to management is crucial.
  • An incident report filed by management serves as vital evidence in your claim.

Neglecting Medical Treatment:

  • Trying to tough it out can worsen injuries.
  • Lack of medical treatment means insufficient evidence for the extent of injuries, potentially devaluing your claim.

Missing the Statute of Limitations:

  • Every lawsuit has a time limit, known as the statute of limitations.
  • The court will dismiss cases filed after this limit.
  • In Arizona, you must file a personal injury lawsuit within 2 years of the injury. This applies to cases such as slip-and-fall incidents. The 2-year time limit starts from the day of the injury.

Accepting Early Settlement Offers:

  • Early offers rarely reflect the full value of your claim.
  • Dismissing them doesn’t essentially imply proceeding to court.
  • Consulting with a personal injury attorney helps evaluate the fairness of the offer and potential trial success.

Contact Esquire Law For Your Slip-And-Fall Case

Thorough preparation and investigation are key to winning a slip-and-fall claim in Arizona. Knowing what you need to prove and collecting important evidence like photos and witness statements is crucial. Our Esquire Law slip and fall attorneys excel at utilizing this evidence to show the property owner’s negligence. With our expertise and strategic approach, you can seek the compensation you deserve for your injuries.

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