What do I do if I’m Considering a Slip and Fall Lawsuit?

In determining the liability of a property owner for a victim’s injuries from a slip and fall accident, principles of premises liability may be applied. Premises liability claims can arise when a person falls over an object or slips on the property.  Victims of fall injuries will need to consult an experienced premises liability attorney who can evaluate their claim or consider a slip and fall lawsuit.

Reasons for Slip and Fall Accidents

Slips and falls occur on a daily basis. There may be a variety of reasons for why these accidents occur, including the following:

  • Broken steps
  • Exposed cords
  • Clutter on the floor or ground
  • Wet, slippery floors
  • Leaky soda machines or leaky air conditioner
  • Objects being stacked unsafely on shelves
  • Uneven flooring or ground
  • Icy walkways
  • Cracked sidewalk
  • Poor lighting
  • No warning signs

Property owners are not held liable for all accidents that occur on their property. Additionally, if the danger was obvious, the law generally assumes that the victim is aware of the danger. The property owner will typically only be liable for the resulting injuries when he or she was negligent.

Required Elements

As the plaintiff, you will have the responsibility of showing all of the following:

  • The defendant was responsible for the property and had control or ownership of the property.
  • There was an unsafe hazard on the property that was not obvious.
  • The unsafe hazard reasonably should have been fixed to avoid injury.
  • The hazard was the cause of your injury.
  • You sustained damage in the slip and fall.

The property owner is expected to provide a safe place for guests or customers. His or her conduct is usually measured by what was “reasonable” under the circumstances. Other factors the jury will consider in determining whether the property owner is liable include: the owner’s knowledge of previous accidents caused by the same type of hazard, how long the hazard was present before the accident occurred, whether the owner routinely looked for hazards, and whether a warning sign should have been erected.

Contact a Personal Injury Lawyer

A personal injury lawyer can review the circumstances of the case to determine if there is a viable claim against the property owner. He or she can also help gather evidence to support the victim’s claim, such as taking photos of the scene of the accident, interviewing witnesses who were present, and reviewing any accident reports. The knowledgeable personal injury attorneys at Udall Shumway have helped slip and fall accident victims recover maximum compensation for their injuries since 1965. Call us at (480) 461-5302 to schedule a confidential consultation with a skilled personal injury attorney and learn about your legal options.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you or someone you know wishes to seek the help of an experienced personal injury attorney regarding Slip and Fall Lawsuit, or other personal injury matters, call Mesa AZ Personal Injury Attorney Clark R. Richter at 480-461-5321 or contact him at crr@udallshumway.com for a free consultation to discuss your rights and options. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.