PHOENIX ARIZONA SLIP AND FALL ACCIDENTS

WHAT SHOULD YOU KNOW ABOUT SLIPS AND FALLS IN ARIZONA?

Following a fall, the first thing you should do is seek medical attention. Get your injuries treated and documented as soon as possible. In addition to helping you recover, seeking medical treatment can be very beneficial to your case. Here are a few additional pieces of information that you should know if you’ve been injured in a slip and fall accident.

STATUTE OF LIMITATIONS

In Arizona, slips and falls fit under the broad category of “personal injury.” This means that the statute of limitations, or the time period after the accident in which you can file a lawsuit, is two years. Because of this, you should contact a slip and fall lawyer as soon as possible. The sooner we can get involved, the more likely it is that we will be able to help. It is also extremely important to keep notes about the date of your fall, the facts surrounding the accident, and any contact information of witnesses who may have seen the event occur.

One exception to this legal deadline is in the case of death. If a loved one died as the result of an injury following a fall, the statute of limitations is two years from the date of that person’s death. Sometimes, if an elderly individual falls at a care home, their injuries may become complicated or worsen other conditions, leading to this unfortunate outcome. If you have questions regarding any type of fall, contact our office today.

COMPARATIVE NEGLIGENCE

In AZ, you can recover even if you are partially at fault for your fall. What does this mean? Let’s say that you were walking through a store while looking at your phone, and you fell into a hole that may have otherwise been noticeable. The store owner may claim that they are not responsible for your injuries, even if they knew that the hole was present and posed a potential danger to customers.

Through “comparative negligence,” however, compensation is based on the percentage of fault all parties have in a situation. If total damages are calculated at $10,000 and the store owner is found to be 75% at fault and you are 25% at fault, you would still receive $7,500. Comparative negligence can be more involved than this, however, so it is recommended that you contact an attorney to discuss your case as soon as possible.

VISITOR STATUS

Not all fall victims are individuals that are supposed to be on a property — i.e., they may be trespassers. Trespassers are not afforded the same duty of care as invitees or licensees, unless they are a child. Even then, the laws are very specific, and an attorney should be called to investigate the accident and situation thoroughly. Typically speaking, however, only individuals that are legally allowed on the property where the accident occurred are allowed to recover for damages sustained after a fall. If you have fallen, no matter the location, call our slip and fall attorneys today to discuss your case.

DUTY, BREACH, CAUSATION, AND DAMAGES

There are four important factors that the victim must be able to prove for a successful claim after a slip and fall. These are:

• The defendant owed the victim a duty of care;
• The defendant breached that duty;
• The breach caused the victim to suffer injuries; and
• The victim suffered actual damages (medical expenses lost wages, pain and suffering, etc.) as a result.

CALL US IN PHOENIX TODAY

After a fall, you may feel helpless. But with the Law Badgers, this doesn’t have to be the case. We are here to support you as you heal, fighting the battle against the big insurance companies, property owners, and anyone else responsible for your injuries. Call the Law Badgers today for a free and confidential consultation about your case.