Slip and Fall Accidents in Arizona
What is a slip and fall accident? A slip and fall accident happens when an individual is injured by falling over an object or slipping on someone else’s property. However, as personal injury slip and fall attorneys we not only help people who are injured in falls, but we also help people who are injured by falling objects from store shelves or who are injured in any manner on the premises of others.
How are slip and fall accident cases evaluated? A personal injury slip and fall attorney must prove that the incident involved an unreasonably dangerous condition (a condition that puts someone else into danger) and that that condition was not obvious to you.
Example: When you slip and fall because of a leaking soda machine that caused the floor to be wet with no warning signs. As a personal injury slip and fall attorney, we must be able to prove that the machine owner and/or store wither knew or should have known about the leak which caused you to slip and fall.
Do you have a slip and fall case? Possibly. As discussed above a personal injury slip and fall attorney must look for a mechanism that caused the incident. These case types require a substantive investigation to determine this mechanism.
Common cases that usually cannot be resolved: Incidents that could have been "avoided".
Common cases that can usually be resolved: Leaky soda machines, leaky cooler/air conditioner machines, water around ice machines or in areas where the store is aware of a likelihood of liquid on the floor, leaky roofs, or when a large object falls of a shelf from above and results in an injury. These are just a few examples of slip and fall or “premises liability” cases. If you have been hurt on someone else’s property you should call a personal injury attorney immediately and have your case evaluated.
Slip and Fall Lawyer
Slip and Fall Injury Lawyer | Phoenix | Tucson | Arizona
A slip and fall injury is a common occurrence with thousands of claims made each year. Many victims suffer serious, life-altering injuries that can even result in wrongful death. Unlit stairwells, wet floors, and construction site defects can often have catastrophic results. You should know what to do in the event of a slip and fall accident. Consult an Arizona slip and fall lawyer to determine whether you are owed damages for the negligence of a property or business owner.
At Zanes Law our slip and fall personal injury attorneys can help you understand the law. There are many factors to consider, such as previous complaints about an existing hazard, determining negligence of a business or property owner, and determining negligence, if any, of the individual injured. These are only a few of the factors that our personal injury law firm will analyze when investigating your case.
If you or a loved one has suffered from a slip and fall injury and does not know what to do or if you still have a question that has not been answered, call us now and speak with one of our slip and fall lawyers.
There are several types of slip and fall accidents including slippery surface falls, stairway accidents, fall from a terrace or balcony, parking ramp falls, sidewalk falls and bathtub and shower falls, to name a few.
A property owner has an obligation to keep their property in a safe condition for those invited onto the property. If it can be proven that a property owner was negligent and knew or should have known about the dangerous or defective condition that caused a slip and fall, you may be compensated for your injuries.
Every slip and fall accident is unique so, it is to your benefit to hire an experienced slip and fall lawyer.
Trip and fall accidents statistics
Some key statistics include the following:
- Falls are one of the leading causes of unintentional injuries in the U.S. (National Security Council Injury Facts 2011)
- The number of falls and fatalities among the 65+ demographic is four times the number of fall deaths among all other age groups. (National Security Council Injury Facts 2011)
- Slips, trips and falls cause 15% of all accidental deaths and are second only to motor vehicle accidents as a cause of fatalities. (OSHA)
- Nearly 3 million falls occur in America each year, with 14,000 fatal falls. (LA Times)
- About 4,000 of the 14,000 fatal falls that happen each year occur at ground level. (LA Times)
- Apartments and condos are among the most-sued entities. (Graziadio Business Review)
- Wal-Mart experiences approximately 1,000 customer injuries per day due to slipping on wet floors and merchandise, or being hit by falling objects. (Graziadio Business Review)
What is Reasonable?
Did the property owner use their common sense? Was there something the property owner “should have known” was dangerous? Did the property owner use reasonable care to keep the property safe? A judge and jury will certainly take the answers to these questions into consideration.
If the property owner is careful in their efforts to keep the property safe and clean, they most likely have shown “reasonable” care. Here are some initial questions you can ask yourself to help determine if a property or business owner may be liable for your injuries:
- Did you trip over a broken, or uneven area of carpet or floor or did you slip on a wet area? If so, was the dangerous condition in place long enough so the owner “should have known” about it?
- Has any accident happened there before?
- Is there a schedule in place for regular maintenance and cleaning or repairing of the premises? If so, what proof does the owner have of this regular maintenance?
- If you tripped over or slipped on an object someone placed or left on the ground, was there a good reason for the object to be there? If there was a good reason for the object to be there, but that reason no longer existed, could the object have been removed or covered or otherwise made safe?
- Was there a safer place the object could have been located?
- Could a barrier have been created to warn people of a potential danger?
- Did poor or broken lighting contribute to the accident?
If the answer to one or more of these questions was in your favor, you may have a claim for compensation. Please remember, however, you need to think about whether your actions contributed to your accident.
When possible, we recommend the following:
- Photos. Take photographs of the scene of the accident, your clothing and shoes and any bruising, cuts, scrapes or required stitches or casts to document your injury.
- Witnesses. If someone witnesses your fall, try to get their name, address and telephone number.
- Accident Report. If you suffer injuries in a store, whether a department store or grocery store, make sure you file an accident report. You can do this by asking for the manager. They will then document your version of the accident. This will prove to be valuable in representing you for your injuries. Unless you are unable, make sure you obtain a copy of the accident report before you leave.
- Evidence. We recommend you save the item that caused your fall. For example, if you slipped on a piece of fruit or a vegetable, place the item in a plastic bag and freeze it. You may also want to safeguard the shoes you were wearing at the time of the fall. These can be placed in a plastic bag and taped shut to preserve any matter stuck to your shoe.
If you are unable to take photographs or obtain any statements, an attorney at Zanes Law will obtain as much information as possible. However, please keep in mind, obtaining information hours, days, weeks or even months after an accident scene has been cleaned up or your injuries have healed is much more difficult. Although your medical records will document your injuries, photographs and statements will prove valuable before a jury.
Fall Down Stairs
As slip and fall lawyers, we have many accident cases, which have occurred as a result of defective or broken stairs.
Property owners have the responsibility to make sure all steps have the same rise and depth, with visible edges. Also, stairs must be kept free of debris or other obstacles, which could cause an accident.
A property owner is also responsible for making sure all stairwells are well lit, with sturdy handrails on both sides.
We all have a responsibility to be careful and watch where we are going, however, a property owner needs to show reasonable care.
Who is Liable?
For a property owner to be held legally liable (or responsible) for your injuries, one of the following must be true:
- The owner of the premises (or an employee) must have caused a spill or other dangerous condition.
- The owner of the premises (or an employee) must have known of the dangerous condition and failed to correct it properly.
- The owner of the premises (or an employee) “should have known” a dangerous condition was present.
What to do after a slip and fall accident.
- Fill out an incident report.
- Obtain a copy of the report.
- Obtain the name, address, and phone numbers of any witnesses.
- Not only people who saw the incident, but others around who saw the condition that caused the incident.
- Take pictures of everything involving the incident.
- Talk to a slip and fall lawyer or personal injury attorney to learn your legal options. Slip and fall cases are unique and a qualified attorney will discuss possible slip and fall settlement amounts with you.
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