Slip & Fall Laws in Arizona
Injuries from slip and fall incidents are more common on average than a person may think.
Even though there is a negative stigma attached to these types of legal claims, the truth is that subsequent injuries from slipping and falling are often very serious.
Hundreds, possibly thousands, of victims are severely injured or even die, every year as a direct result of slip and fall situations.
If you have been the victim of a slip and fall incident, you’ll need the assistance of an experienced Phoenix slip and fall attorney that is highly trained to deal with accidental personal injuries.
Table of Contents
- Slip and Fall Liability
- Types of Slip and Falls in Arizona
- Common Causes of Slip and Fall Accidents
- Negligence Standards
- Slip and Fall Statistics
- National Floor Safety Institute (NFSI)
- Why Hire a Slip and Fall Injury Lawyer
Slip and Fall Liability
The law of negligence controls slip-and-fall cases, and within the law of negligence is the law of premises liability.
Premises liability law can cause an owner or occupier of land to be held liable for injuries suffered by people on their property.
The person claiming a premises liability injury has the burden of proving their case by a “preponderance of evidence”. That means that they must show it is more likely true than not true that the premises defect alleged caused their injuries.
It’s a lower burden of proof than “beyond a reasonable doubt” in a criminal case.
Types of Slip and Falls in Arizona
A slip or fall can happen any time and almost anywhere, although situations exist where these incidents seem to happen more often than others. The following are examples of where these incidents are more likely to occur:
- The workplace
- At another’s place of business
- At a baseball, football, soccer or other sporting events
- At a music concert event
- In a public space filled to capacity, or beyond, with people or things
- In your own home
- At the home of a friend or family member
- In retail environments
The above situations present unique questions of legal liability. Below, we will discuss the typical situations and causes of a slip and fall injury.
Common Causes of Slip and Fall Accidents
There are many threatening conditions that may result in a slip and fall injury. The following are examples of some of those hazards:
- Wet floors
- Stairs or railings in disrepair
- Insufficient lighting
- Cluttered walkways
- Frayed electrical cords
- Inadequate warning signs
If an unsafe condition is in clear view and obvious, the property owner may not be held fully responsible for resulting slip and fall accidents. However, you likely have a reasonable claim if the property owner caused the condition, or knew about it, without posting adequate warnings.
The following evidence will help determine if a property owner was negligent and caused a slip and fall accident:
- Pictures or video showing the dangerous condition
- Injuries resulting from the fall
- Proving that the property owner knew about the danger
- Incident reports
- Testimony from witnesses
An experienced slip and fall attorney representing injured victims will investigate the circumstances of the incident and use the evidence and law to build a strong case.
In order to discover which negligence standard applies to a slip and fall injury, an explanation for the victim’s presence on the property of someone else must be provided. For example, if someone is at work, falls and is injured because there was a dangerous condition, then that injured employee could have the following two legal options:
- Filing a claim for worker’s compensation, Arizona law clearly provides benefits to injured workers who are injured through no fault of their own.
- Filing a personal injury legal claim for negligence.
If the victim was on another’s property, the first question that must be answered is which legal status applies to the injured party. Here are brief descriptions of each:
– Invitee: Someone who is invited, either expressly or through implied consent, to conduct business on the property of another. An invitee is entitled to a high degree of protection, including the right to be protected from dangerous conditions, which includes being warned of the presence of danger if the issue cannot reasonably be immediately repaired.
– Licensee: Someone who is invited on to another person’s property for purposes other than conducting business, such as to attend social occasions. The licensee is legally entitled to protection from dangerous conditions or to be warned of the danger if it can’t be repaired in a reasonable amount of time.
– Trespasser: Someone who enters another’s property without first requesting permission. Because of this, the trespasser is not owed a duty of protection by the property owner from dangerous conditions. Of course, there are exceptions to this rule, including the fact that the trespasser must not be expected by the property’s owner and that the property should not display or contain an attractive nuisance that is highly likely to attract trespassers (such as small children) to the property.
US and Arizona Slip and Fall Statistics
- More than one million people have substantial injuries as a direct result of slip and fall incidents around the US every year
- Nearly 17,000 people suffer catastrophic injuries and even fatal injuries on a yearly basis as a direct result of slipping and falling
- A quarter of serious workplace injuries are a result of slip and fall accidents
- Automobile accidents are the only type of incident ranking higher than slip and fall accidents as causes of accidental deaths in America
- More workers are killed as a result of slip and fall accidents than any other cause of accidental deaths in the workplace
- The average slip and fall injury can cost, on average, upwards of $30,000 in medical bills and medical treatment
- These above stats are updated by the US Bureau of Labor Statistics and the National Safety Council (The National Safety Council is a not for profit organization designed to promote safety and the prevention of injuries).
According to the NSFI, people 60 years of age and older are most likely to be injured in a slip-and-fall outside of the home in a commercial location. By the end of this decade, that age group is expected to include about 70 million people.
National Floor Safety Institute (NFSI)
The National Floor Safety Institute (NFSI) aids in preventing slip-and-falls through research, education and setting safety standards. The NSFI has found that about 8 million people a year visit a hospital or emergency room as a result of injuries sustained in slip-and-fall accidents.
More women than men suffer slip and fall injuries. About 2 million falls are caused by improperly maintained flooring and loose mats, and the overwhelming majority of workers’ compensation claims are the result of slip-and-falls and trip-and-falls.
Below you’ll find helpful information provided by Hirsch & Lyon Accident Law regarding slip and fall case statistics, scenarios where slip and fall accidents may occur, examples of negligence standards, explanations of types of premises liabilities and how you should proceed if you or a loved one is injured in any type of slip and fall accident.
Why You Should Hire a Slip and Fall Injury Lawyer
As you may have already suspected, slip and fall injuries are a serious issue for all parties involved and involve complex litigation. Pursuing a legal claim for injuries sustained from these situations tend to be fairly complicated. Because of this, if you or a loved one has been received injuries from a slip and fall incident, you’ll need to contact the professional and experienced slip and fall injury lawyers of Hirsch & Lyon right away.