Slipping and falling can cause severe and even fatal injuries and should be taken seriously. According to the National Floor Safety Institute, falls are the leading cause of emergency room visits, accounting for more than 8 million visits annually. If you or a loved one are the victim of a slip and fall accident, you could be entitled to financial compensation. Contact Esquire Law to see if your case meets the requirements to file a claim. A Phoenix slip and fall lawyer will take every step necessary to hold the negligent property owner responsible and secure maximum compensation on your behalf.
Understanding Slip and Fall Accidents
A slip-and-fall accident occurs when someone is injured on the property of another person or entity. This type of accident falls under the premises liability umbrella, which requires property owners to maintain a safe environment for all residents, customers, or guests. Property owners are legally responsible for any injuries that occur on their property as a result of hazardous conditions that are within their control to fix.
Common Causes
The most common causes of slip and fall accidents in Arizona include:
- Wet Floors
- Uneven Surfaces
- Poor Lighting
- Loose Rugs or Mats
- Spills
- Broken stairs
- Torn carpet
- Dim lighting
- Missing or broken railings
- Broken floorboards
- Loose electrical wires
- Debris and garbage
- Potholes and cracks
Common Locations
Slip and fall accidents can occur at any of the following locations, among others:
- Hotels
- Private residences
- Shopping centers
- Restaurants and bars
- Retail stores
- Industrial sites
- Government buildings
- Apartment buildings
- Grocery stores
- Gas stations
- Warehouses
- Office buildings
- Stadiums
- Hospitals
- Nursing homes
- Schools
- Parking garages
- Parks and playgrounds
More on Premises Liability
Under premises liability law, Arizona property owners are responsible for maintaining a safe environment to protect visitors from harm. When a visitor sustains injuries on their property, either the visitor or the property owner can be liable—or both parties can share liability.
If the injuries were caused solely by the visitor’s actions, they’re responsible for any resulting costs. But if the injuries were caused solely or partially by the property owner’s negligence—which can include poor lighting or slippery surfaces—they’re at least partially responsible for any resulting costs.
A visitor, resident, or employee has grounds to file a lawsuit against a property owner if:
- Conditions were hazardous
- The property wasn’t being maintained
- The security was inadequate
- The property owner didn’t warn them of potential hazards
- The property owner didn’t repair hazardous conditions
- The property owner didn’t comply with health and safety regulations
The Legal Process for Slip and Fall Claims
Let’s take a look at the steps involved in filing a claim for a slip and fall accident.
- Consult an attorney
- Investigate the accident and gather evidence
- Present a settlement offer
- File a lawsuit
- Review evidence provided by the defendant, and vice versa
- Negotiate a settlement
- Litigation (if necessary)
The Importance of Proving Negligence and Liability
Establishing negligence is the first step in proving the property owner’s liability for your injuries. It’s also required to take legal action and recover damages from them. Negligence can be established when these four criteria are met:
- Duty: The property owner owed the plaintiff a duty of care.
- Breach: The property owner did not fulfill their duty of care.
- Causation: The property owner’s breached duty of care directly caused the plaintiff’s injuries.
- Damages: The plaintiff suffered a form of identifiable harm (physical, mental, or emotional) as a result of their injuries.
The Role of a Phoenix Slip and Fall Lawyer
A Phoenix slip-and-fall lawyer is responsible for handling every aspect of your case, such as:
Evaluating Your Case
The first thing your lawyer will do is review the details of your case to get a better understanding of what happened and how your injuries were sustained. They will also explain your legal rights, responsibilities, and options to set clear expectations.
Coordinating Proper Medical Treatment
Your injuries won’t go away once you leave the property where the accident occurred. You will likely require ongoing medical treatment and possibly rehabilitative care. Your lawyer will make sure you receive the treatment you need to make a full recovery.
Investigating the Accident
Your lawyer will launch an investigation into your case to recreate the events leading up to the accident, determine liability, and calculate your damages.
Negotiating a Settlement
Negotiating with insurance companies is the first attempt at securing compensation for your injuries and any property damage. Your lawyer will communicate with the defendant’s legal counsel and any insurance companies involved in the process to advocate for a fair settlement on your behalf.
Representing You in Court
Not all slip-and-fall accidents can be settled during negotiations. Some must be taken to court. If that’s the situation with your case, your attorney will present evidence before a judge and jury to prove the validity of your claims and secure maximum compensation.
Common Injuries Caused by Slip and Fall Accidents
Although slip and fall accidents might seem like no big deal, they can cause catastrophic injuries that have lasting effects. These are some of the most common injuries caused by slip and fall accidents.
- Chronic pain
- Fractured or broken bones
- Cuts and lacerations
- Sprains or strains
- Bruising
- Concussion or other head injury
- Traumatic brain injury (TBI)
- Back injury
- Neck injury
- Soft tissue damage
- Nerve damage
- Wrongful death
Possible Long-Term Impact
More severe slip and fall accidents could necessitate:
- Long-term rehabilitative care
- Reliance on prescription medication
- Life-altering or even life-threatening injuries
The Importance of Medical Documentation
Evidence is the backbone of any slip-and-fall case, and you don’t have evidence without documentation. Medical documentation is essential because it shows proof of your injuries and that you sought professional medical care to treat them. These two pieces of information strengthen your claim that the property owner’s negligence caused the accident that resulted in those injuries.
Documenting all medical treatment also helps your lawyer accurately calculate your expenses, which will increase your chances of securing a fair settlement that leaves you with no out-of-pocket costs.
How to Choose the Right Phoenix Slip and Fall Accident Lawyer
When you’re injured in a slip-and-fall accident, you don’t just need a personal injury lawyer. You need the best personal injury lawyer available. Look for these qualities in a potential attorney to ensure you receive top-notch legal representation throughout the entirety of your case.
1. Experience
A personal injury lawyer who has experience handling personal injury cases, including settlement negotiations and litigation, will give you peace of mind that they can successfully represent your case.
2. Expertise
Personal injury lawyers specialize in different areas of personal injury law, one being slip and fall accidents. Rather than hiring a general personal injury lawyer, you should hire a Phoenix slip-and-fall accident lawyer to receive the best possible representation. This legal expert will know the ins and outs of premises liability law and have resources available to investigate your accident.
3. Success Rate
No lawyer wins every case, but a skilled attorney will have a high success rate. Look for a lawyer who has a track record of successful slip-and-fall cases to increase your chances of securing maximum compensation.
4. Communication Style
Even though your lawyer will take care of everything surrounding your case, you’ll still need to communicate with them to receive updates and ask questions along the way. A skilled lawyer will take the time to listen to your needs and concerns and update you on the progress of your case.
5. Reputation
While a few bad reviews aren’t the end of the world, a lawyer’s reputation says a lot about who they are and how they operate. Take some time to look at reviews and testimonials provided by previous clients to get a feel for whether an attorney is the right fit for you. The majority of reviews and testimonials should be positive.
Questions to Ask a Potential Attorney
Write down a list of questions to ask a potential lawyer when you first meet with them. While not an exhaustive list, here are some basic questions you should ask to make the most informed decision.
- How many years of experience do you have?
- How many slip-and-fall cases have you represented?
- What is your fee structure?
- How would you update me about my case?
- Would anyone besides you handle my case?
- What challenges do you foresee with my case?
Hear From Satisfied Clients
“So thankful for all of the help I received throughout my case from Alan Beal at Esquire Law! Alan was tremendous in always communicating with me at every step of the case after my accident. He was able to get me compensated fairly and handled everything from start to finish, making it a stress-free process for me. Alan is outstanding at what he does and was a pleasure to work with. I highly recommend his firm!”
-Hector Diaz
“Alan and the team in the Esquire Law Salt Lake office were great. I never thought I would have to hire an attorney, but when I had to, I’m glad I went with Esquire Law. He was upfront and his team was compassionate and made me feel like they cared about me and not about settlement fees! You will not be disappointed in how they treat you and what they can and can’t recover for you. I would recommend them to everyone!”
-Jayden Anderson
“Esquire Law’s Salt Lake office did EVERYTHING for me from the first phone call. Hassle-free, easy, and empathic. Everything was straight to the point and they recovered a great settlement. Would definitely recommend!!!”
-Tonya Youngberg
“I spoke with Esquire Law about an accident I had that the police placed me at fault. I wasn’t really expecting it to go anywhere, but they took my case, and in no time they had a settlement offer for me. The settlement was way more than I expected. They were friendly and actually cared about me. I am grateful for the work they did and will recommend them to everyone.”
-Daniel Engstrom
“Excellent and professional people! Kyle Allen was so helpful and patient during an extremely stressful time. 10/10 would recommend!!”
-Ana Ceballos
CTA: Read More Reviews
Navigating Insurance in Slip and Fall Cases
Dealing with insurance companies is one of the most frustrating aspects of a slip-and-fall accident. Unlike your lawyer, they don’t have your best interest at heart. At the end of the day, they value their bottom line more than your well-being. They even go so far as to use bad-faith tactics such as lowballing to minimize your payout.
Here are some pro tips to help you avoid falling into common traps laid by insurance companies.
You should tell the adjuster:
- The date, time, and location of your accident
- Your attorney’s name and contact information
- Your attorney will handle all communications regarding your claim
You should not:
- Provide a recorded statement
- Sign a medical records authorization release form
Understanding Settlements
Before taking your case to trial, your lawyer will try to settle with the opposing party. A settlement is money the defendant offers the plaintiff to compensate them for their injuries in an attempt to avoid lengthy and costly litigation.
If the plaintiff accepts the settlement offer, they will sign a contract stating the defendant isn’t liable for any injuries caused by the accident. Most slip-and-fall cases are settled during negotiations and never make it to the courtroom.
Factors that affect a settlement amount include:
- Future and current lost wages
- Pain and suffering
- Medical bills
- Future medical costs
- Property damage
Legal Rights and Responsibilities in Arizona
Responsibilities of Property Owners
Arizona property owners must take the following steps to protect visitors from harm and protect themselves from liability:
- Regularly inspect and maintain their premises to discover and remedy potential hazards
- Post adequate warnings for known hazards
- Meet all applicable building and safety codes
Rights of the Injured Party
Victims of slip and fall accidents have a right to file a lawsuit against a property owner if they sustain injuries from the accident and meet certain eligibility requirements. If a child is injured in a slip-and-fall accident, a parent can file a lawsuit against the property owner on their behalf.
One exception to the rule is that slip-and-fall victims in Arizona can’t file a lawsuit if they’re injured on private property because private property owners don’t legally owe a duty of care to trespassers.
Prevention and Safety Tips
Here are some practical ways that property owners can prevent slip and fall accidents.
- Keep floors clean and dry
- Provide clear warning signs for wet or otherwise hazardous areas
- Maintain drainage systems and install anti-slip measures such as mats in areas that cannot reasonably be kept dry
- Remove obstructions from hallways, stairs, exits, and other passageways
- Provide floor plugs for equipment to prevent loose power cords
Individuals can take the following measures to reduce their chances of slipping and falling.
- Be aware of their surroundings
- Don’t walk on slippery surfaces
- Remain alert when walking or running
- Don’t be in a hurry
- Don’t text or talk on the phone while walking
- Use designated walkways and pedestrian areas
- Keep their vision unobstructed
Speak with an Esquire Law Slip and Fall Attorney in Phoenix
Esquire Law is the firm you can trust to achieve the results you deserve. We work on a contingency fee basis so clients like you can focus on your recovery while we focus on getting justice. Schedule a free case evaluation today to discuss your case with a trusted Phoenix slip and fall lawyer and develop a legal strategy for what comes next. You can count on us to support you every step of the way.