Phoenix Slip & Fall Lawyer

Premises liability is one personal injury area that governs most slip-and-fall accidents. Under this sphere of the law, all property owners have a responsibility to maintain a relatively safe environment, or premises, for all visitors. If an owner fails to correct any potential hazards in a timely manner or warn visitors of such hazards and an accident occurs, then he or she could be held liable for damages.

Where premises liability applies

Every state across the nation has established various forms of premises liability law, which applies to both residential and commercial properties. These might be:

• Grocery stores
• Restaurants
• Department stores
• Offices
• Beauty salons
• Airports
• Hotels, and even;
• Sidewalks and parking lots

How your visitor status applies

In order to decipher which negligence standard should apply to a slip and fall injury situation, the nature of the person’s presence on the property of someone else needs to be defined.

For instance, if someone falls in the workplace and is injured because of a dangerous condition on the premises, then that injured worker could have legal options. One option would be to file a workers’ compensation claim, as Arizona law clearly provides benefits to those workers who are injured at the site through no fault of their own.

If someone is injured on the property of another and it is not being used as a worksite location, the first question that must be answered is which legal status applies to the injured party. These are as follows:

• Invitee: An invitee is someone who is invited, either expressly or through implied consent, onto the property of another for business purposes. An invitee is entitled to a high degree of protection from the property’s possessor, and this includes the right to be protected from dangerous conditions and/or to be warned of their presence if they cannot reasonably be repaired.
• Licensee: A licensee is someone who is invited onto the property of another for non-business purposes, and this would include social occasions. As is the case with the invitee, the licensee is entitled to protection from dangerous conditions or to be warned of them if they exist and cannot reasonably be discovered by the licensee.

• Trespasser: A trespasser enters the property of another without permission and, as a result, is not owed a duty of protection from dangerous conditions. However, there are exceptions; for example, the trespasser must not be foreseeable by the property’s possessor, and the property should not contain an attractive nuisance that is likely to attract trespassers.

So, from the time you leave your home, the law of premises liability is in effect, covering you practically everywhere you visit. Thus, when you suffer an injury from a slip-and-fall on someone’s property, you are legally entitled to seek compensation for damages.

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Several property hazards can cause an unsuspecting visitor to suffer a slip-and-fall accident at any time. Some of the most common hazards are:

• Wet surfaces: One of the most common causes of slip-and-fall accidents in stores and shopping malls are wet surfaces. A failure to post a warning sign on a recently mopped floor, or to attend to a spill, can cause a person to slip and fall.

• Icy and snowy surfaces: After a snowstorm, it is imperative for property owners to promptly clear snow and ice from walkways and steps. When this is not done, a slip-and-fall accident may occur, which may result in serious injuries.

• Poorly maintained steps and handrails: Over time, steps and handrails may crack, loosen, or fall off. If a property owner fails to maintain steps and handrails in a safe condition, he or she could be liable for the slip-and-fall accident damages.

• Uneven surfaces: Indoor uneven surfaces, which can cause a slip-and-fall accident, include torn or ripped carpets, loose mats, and damaged tiles. Broken sidewalks and potholes are two types of outdoor uneven surfaces.

• Poorly placed electrical cords: This is a common slip-and-fall hazard found at construction sites. When electrical cords are improperly placed or covered, passersby may trip and fall.

• Poor lighting: With the passing of time, lighting in parking lots, garages, and stairways can dim or fail entirely. When this happens, unsuspected passersby may trip on debris or cracks in the surface.

The above list is by no means comprehensive. However, these items clearly demonstrate how property owners can easily tend to potential hazards or at least give a warning to alert visitors of the potential dangers.

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If a victim experiences a slip-and-fall accident, he or she may be left suffering injuries that can range from minor to life-changing. Even an injury that may at first appear to be mildly concerning can become progressively worse over the course of weeks or months.

Below are some of the more telling statistics regarding these types of accidents in the United States:

• Slips account for over 1 million hospital emergency room visits, 12 percent of total falls, according to the National Floor Safety Institute
• Only automobile accidents rank above slip-and-fall accidents as causes of accidental deaths in the United States
• The second leading cause of unintentional injury-related death is falls, and in 2020, 42,114 people died in falls at home and at work, according to the National Safety Council
• The Centers for Disease Control and Prevention reports that the average cost of treatment for a slip-and-fall is more than $30,000
• The CDC also reports that over $50 billion is spent annually in the United States on treatment for injuries from non-fatal falls

Clearly, although a slip-and-fall accident may not sound serious, such an incident can cause severe injuries resulting in expensive medical bills and years of rehabilitation. Some of the most common injuries from slipping and falling can include the following:

• Traumatic brain injury (TBI): When someone falls and hits his or her head, a brain injury could result. TBIs can range from minor to serious, and include injuries such as concussion, hemorrhage, contusions, hematomas, and cerebral edema. You should seek immediate medical attention for any type of head injury, as some can be life-threatening.

• Spinal cord injuries: The spinal cord of a victim of a slip-and-fall accident may be crushed or severed, which may result in muscle weakness, the loss of motion, and even paralysis. Spinal cord injuries are considered “complete” with the spinal cord severed or “incomplete” if the spinal cord remains intact.

• Bone fractures: The impact from a slip-and-fall accident can cause a victim’s bones to fracture. The most common types of bone fractures that result from a fall include wrist, arm, elbow, finger, ribs, pelvis, hip, and ankle. These injuries usually require physical therapy and take weeks or months to heal.

• Internal injuries: With a slip-and-fall, there is a possibility of a bone puncturing an organ such as the lungs, liver, or kidneys. If this occurs, the victim could suffer internal bleeding, which could be fatal if not treated immediately.

• Sprains and torn ligaments: These are some of the most common types of injuries from slip-and-fall accidents. Some types of sprains are minor and usually can be treated home with rest and pain medicines. Other types of soft tissue injuries, such as a torn MCL, ACL, or PCL, may require surgery and physical therapy, and can affect mobility.

• Bruising and lacerations: A victim of a slip-and-fall accident may be left with bruises or cuts on his or her face, legs, or arms. If a laceration is deep, there may be a risk of an internal infection. Swelling and a warm feeling may be symptoms of an underlying infection, which would require medical attention.

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When you are injured or have suffered a loss, you have a legal right to pursue compensation for such loss. Although no amount of money can completely compensate for long-lasting injuries or the loss of a loved one, some compensation can certainly help you start rebuilding your life.

Some types of compensation your personal injury lawyer may pursue include:

• Current and future medical expenses
• Loss of income
• Household renovation for disability
• Pain and suffering
• Loss of consortium and support (in the case of wrongful death)

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