Phoenix Slip and Fall Lawyer
Slips 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
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.
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.
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.
Arizona Slip and Fall Attorney
Slips and falls can lead to debilitating injuries. Begam Marks & Traulsen, P.A., can help. We provide direct, personal contact with each of our attorneys, so you can have our full attention. We have been fighting for Phoenix citizens for more than 60 years and have collected millions of dollars for our clients. Contact Begam Marks & Traulsen, P.A., for passionate representation in your Phoenix slip and fall case.