Phoenix Slip and Fall Lawyer
The Phoenix slip and fall lawyers at Begam Marks & Traulsen, P.A. know slip and falls can happen anywhere at any time. Whether you are walking down a sidewalk or downstairs, losing your balance is always a possibility. However, many slips and falls are caused by factors outside of the victim’s control. Slick surfaces, defective staircases or hand railings, and uneven pavement are just a few of the possible contributing factors.
If you suffered an injury in Phoenix because of a fall caused by another person or negligent organization, you may be eligible to file a claim and receive compensation for your injuries. Contact the Phoenix slip and fall attorneys at Begam Marks & Traulsen, P.A., for more information about your case and Arizona slip and fall law.
- Premises Liability in Phoenix
- Comparative Negligence in Arizona
- Possible Damages in a Slip-and-Fall Injury Case
- Arizona Statute of Limitations
- Common Locations of Slips and Falls
- Arizona Slip and Fall Attorney
Premises Liability in Phoenix
A central part of determining who is at fault for a slip and fall injury concerns premises liability, a legal concept that holds property owners responsible for maintaining their properties. The law requires all property owners to keep their properties in a state that keeps visitors reasonably safe. Arizona law requires them to consistently check the property and fix any situation that could be potentially hazardous.
Determining liability can be complicated in certain situations, as store owners are not always responsible for all hazards in a store. Customers can also cause dangerous situations by spilling a drink or leaving merchandise in aisles, and it is impossible for the owner to fix everything immediately after it occurs. In situations where a customer causes a hazard, the owner must get rid of the dangerous circumstance in a reasonable amount of time. For example, if a customer in a store spills some water in one of the aisles, and no one has cleaned up the spill in three hours, and the water causes someone to slip, the owner may likely be responsible. If, on the other hand, a person slips on a spill five minutes after it occurs, the owner may not be responsible because the injury happened so soon after the spill.
The situation is slightly different for trespassers. Though homeowners must follow the same guidelines as store owners, the rules do not apply if a person is trespassing. Because the property owner had no way of knowing he or she would be on the property, the owner is not legally responsible for keeping the person safe under Arizona law. However, they will likely be responsible for injuries to child trespassers.
Comparative Negligence in Arizona
Arizona courts follow the comparative negligence rule. It gives the court the right to adjust compensation depending on how much each party was at fault. If the court determines you are partly to blame, it will reduce your compensation by the percentage it believes you were at fault. Some of the arguments the defendant may use to prove your partial responsibility include:
- You should have known about the dangerous condition.
- The owner had clearly marked the dangerous condition.
- You were not paying attention.
- You were wearing inappropriate footwear for the situation.
Possible Damages in a Slip-and-Fall Injury Case
What could your slip-and-fall injury claim be worth? The damages available to you depend on the severity of your injuries, the circumstances of the accident, and the methods you choose in seeking restitution. The amount will vary, but the types of damages stay the same in the state of Arizona. You could be eligible for the following damage types as a slip-and-fall claimant:
- Past and future medical expenses. All slip-and-fall claims have the potential to secure compensation for medical damages. This can include doctor’s appointments, hospital visits, treatments, surgeries, medical devices, and other costs relating to the slip-and-fall injury.
- Lost wages. If you missed work to heal from your slip-and-fall injuries, you could be eligible for lost wage replacement. You may be able to receive 100% of the income you lost, plus lost wages for lost future earning capacity due to a disabling injury.
- Pain and suffering. A slip-and-fall accident can cause significant physical pain and emotional suffering. A jury may award money damages to compensate these intangible losses, especially in severe injury cases.
For a better idea of what your specific claim could be worth, speak to one of our Phoenix accident lawyers. In general, the more severe your injuries, the higher your case’s value. Having an attorney negotiate your insurance settlement for you can help maximize the amount you receive for your slip-and-fall claim.
Arizona Statute of Limitations
In Arizona, you have only a certain amount of time after the incident during which you can file a claim. If you wait too long, your claim is no longer relevant, and you cannot receive compensation. Arizona gives the victim of a slip and fall injury two years to file a personal injury lawsuit.
The moment the two-year time limit begins is different depending on the situation. If you suffered an injury, the countdown begins on the day the injury occurred. If the victim died, however, the statute of limitations begins after the person dies. For example, if the victim fell, suffered an injury, and died from the injury three weeks later, the statute of limitations would begin three weeks after the initial incident. If you were a victim in a slip and fall case in Arizona, don’t wait to call a personal injury attorney; our Phoenix slip and fall lawyers can help today by scheduling your free initial consultation.
Common Locations of Slips and Falls
A slip-and-fall accident can happen anywhere, but some locations have seen more falls than others. Places with a higher risk of fall hazards, such as spilled liquids or faulty staircases, are the most dangerous. Learning the most common locations of slips and falls can help you be more cautious. It could also help you understand who may be liable for your damages after a harmful slip and fall. A few common locations are as follows:
- Grocery stores
- Stairs and escalators
- Shopping malls
- Bix box stores (Walmart, Target, Kmart, etc.)
- Parking lots
- Hospitals and health care centers
- Nursing homes
- At work
- At home
No matter where your recent slip-and-fall accident occurred, do your case a favor by contacting our Phoenix slip and fall attorneys for a consultation. We’ll listen to your story, give you advice, and help you with the next step toward compensation. Our team can investigate your slip and fall, look into potential property owner negligence, talk to eyewitnesses, and take other proactive steps toward financial recovery on your behalf. After a slip, trip, and fall accident anywhere in Phoenix, call (602) 254-6071 for legal counsel from Begam Marks & Traulsen, P.A.
Arizona Slip and Fall Attorney
Slips and falls can lead to debilitating injuries. At Begam Marks & Traulsen, P.A., our Phoenix injury attorneys can help.
Begam Marks & Traulsen, P.A., is a stand-out personal injury firm in Phoenix. We’re a top option for representation after a serious slip-and-fall accident because we care about our clients, and we have the case results to prove it. Our team provides direct, personal contact with each of our attorneys, so you can have our full attention. We’ve secured more than $178 million for our clients in the last 15 years alone. We obtain exceptional results through hard work, commitment to the client, and a passion for justice. Here’s how hiring us could help your case:
- Talented attorneys dedicating time to your case
- Skillful insurance claim negotiations
- Evidence collection and presentation
- A stronger case against a negligent property owner
- Help with medical bills and lost wages
- Better results than you could get on your own
Hiring just any attorney might not help your case. You must find the right lawyer to take on the unique needs and issues your claim involves. Begam Marks & Traulsen, P.A., has spent years building a reputation in the Phoenix community and helping accident victims secure compensation for their losses. We have everything you need and more in a great team of attorneys. Contact Begam Marks & Traulsen, P.A., for passionate representation in your Phoenix slip and fall case.