24/7 Availability – Speak with a Phoenix Trip and Fall Lawyer Now
Our Phoenix Slip and Fall Attorneys recognize that many people assume slip and fall and trip and fall accidents are minor incidents that cause more harm to victims’ egos than their bodies. In reality, falls because of wet floors, debris in walkways and sidewalk defects can cause devastating life-altering injuries. Slip, trip and fall accidents send nearly nine million people per year to emergency rooms according to the National Safety Council (NSC). The NSC also indicates that falls claim the lives of 25,000 people per year, which makes it the second leading cause of accidental death in the United States.
When you suffer a traumatic brain injury (TBI), broken hip or other serious injury in a fall while shopping at a grocery store, mall, restaurant or on other business, public or private property, you might have a right to financial compensation for your injuries. However, slip and fall accidents can be complicated because these legal claims often turn on subtle factual distinctions. When our Phoenix slip and fall law firm represents a fall victim, we conduct a careful investigation, which may include a site inspection, witness interviews, security video, past accident reports, emergency responder reports and other evidence.
Arizona Premises Liability Law (Slip, Trip and Fall Accidents)
The specific duty owed by a property owner depends on the relationship between the parties and the purpose of the individual’s visit to the premises. The duty of care owed to someone who comes on the premises of another depends on how the visitor is classified: (1) invitee, (2) licensee or (3) trespasser.
Invitee: When a person has an express or implied invitation to come on the property of another for a mutually beneficial purpose, such as to engage in a commercial transaction, the visitor is referred to as an “invitee”. Customers who visit a grocery store or shop in the mall constitute examples of an invitee. Property owners owe invitees the highest standard of care under Arizona premises liability law. The owner of the property must exercise reasonable care to make the premises safe or provide warnings regarding non-obvious hazardous conditions that the owner knows or should know exist. The property owner also has a duty to conduct reasonable inspections to discover hazards.
Licensee: Licensees include those who are on the property for a limited period of time to accomplish a specific purpose. Social guests are the most common type of licensee, but a repair person who visits to fix a refrigerator would also be considered a licensee. The owner of the property owes a licensee an intermediate duty to warn of known non-obvious hazards that pose an unreasonable risk of harm.
Trespassers: Some people are surprised to learn that even trespassers are owed a duty of care although that duty is less than that owed to invitees and licensees. If the property owner knows a trespasser is on the property, the owner has a duty to warn or remedy non-obvious artificial conditions that pose a risk of serious bodily injury or death. Child trespassers generally are owed a higher duty of care because they may not have the maturity to appreciate the danger posed by an unsafe condition.
Based on these classifications, a patron in the local grocery store who slips because of water leaking from the vegetable misting system must present evidence of the following to prove liability of the property owner:
- A dangerous condition existed on the premises;
- The owner of property knew or should have known of the hazard;
- The property owner had a reasonable opportunity to provide a warning or eliminate the hazard.
Types of Hazards/Accidents
There are many types of hazards that can cause injury when the owner of the premises does not provide a warning or take action to repair an unsafe condition that include:
- Pot Holes
- Bunched up area rugs or carpet
- Water spills or leaks
- Uneven or deteriorated sidewalk or flooring
- Broken steps
- Wet surfaces around swimming pools
- Merchandise blocking store aisles
- Wet and sticky floors
Speak Directly with an Experienced Arizona Slip and Fall Lawyer
If you suffer serious injuries or the loss of a loved one, you may be entitled to a wide range of damages that include:
- Lost income (past and present)
- Impaired earning capacity
- Pain and suffering
- Hospital and medical expenses
- Diminished quality of life
- Other damages depending on the circumstances
When you call Ariano & Associates, PLLC, you will be immediately connected with a knowledgeable and friendly personal injury attorney so that you can get your questions answered without having to schedule an appointment. Our trip and fall lawyers are committed to personally handling our clients’ cases rather than passing cases to legal assistants and other support staff. Our Phoenix premises liability law firm represents clients throughout the Phoenix area and Maricopa County, including but not limited to the following counties and cities: Scottsdale, Gilbert, Mesa, Tempe, Paradise Valley, Apache Junction, Peoria, Glendale, Chandler, Fountain Valley, Goodyear, Avondale, Surprise, El Mirage and Sun City. We invite you to call us today so that you can get your questions answered and learn about your legal rights and remedies at (602) 666-0050.
No Recovery No Fee!