Unfortunately, slips and falls can be extremely traumatic – causing physical pain, financial distress, and emotional issues. They are also not uncommon. In 2021, Arizona hospitalized 22,371 people due to slip and fall accidents. If you or a loved one has experienced the unfortunate event of being injured in such an accident, the situation may seem overwhelming and you may be unsure of what to do next.
At Hastings & Hastings we understand your struggles and are here to help. Whether it’s seeking medical attention, navigating insurance claims, or fighting for your rights in court, our lawyers are here to provide assistance with every step of the process. Our ultimate goal is to get you back on track as soon as possible so that you can focus on recovery and get back to doing the things that matter most in life. Contact our Glendale slip and fall attorneys today to schedule a free consultation.
A slip and fall claim is a type of personal injury lawsuit that is brought against a property owner or manager who is believed to be responsible for a person’s injuries as a result of a slip and fall accident on their property. To be successful in a slip and fall claim, the injured party must prove certain elements, including the following:
Negligence: In order to build a successful slip and fall claim, it is necessary to prove negligence on the part of the property owner or manager. This means that they failed to take reasonable steps to maintain the property and prevent any hazardous conditions which could lead to an accident. The claimant must show that the owner or manager was aware or should have been aware of this hazard and yet did not take action to correct it or to warn visitors about it.
Causation: Proving causation is another crucial component of a successful claim against a property owner or manager. To do so, the claimant must demonstrate that the hazardous condition was the cause of their injury and that an accident wouldn’t have happened if reasonable steps had been taken to prevent it.
Damages: It is also essential to demonstrate that the claimant has incurred actual damages due to the slip and fall accident. This may include medical expenses, lost wages, pain and suffering, or other forms of financial losses. To establish these damages, evidence should be provided such as medical bills and records, pay stubs to show lost wages, or any other relevant documentation.
When an individual is injured on someone else’s property, Arizona law establishes three categories to determine the level of care a property owner or occupier must provide. Depending on the class of visitor, the property owner has differing levels of protection they are required to provide under the law.
Invitees: People who are invited onto a property, either expressly or implicitly, for the benefit of the property owner, such as customers of a business, are known as invitees. Property owners have the highest duty of care for this class of visitor.
They have an obligation to take reasonable measures to ensure that their premises are safe and free from any dangers for invitees. This includes taking the necessary steps to identify potential hazards and eliminate risks for the safety of invitees on their property. If they cannot remove all dangers, they are required to warn invitees about them.
A property owner can be liable for hazards they knew or should have known about.
Licensees: Licensees are individuals who are on someone else’s property with the owner’s permission, but for the owner’s financial benefit. This may include social guests or individuals who are on the property for a purpose that is not related to the owner’s business. Property owners have a duty to warn licensees of known dangerous conditions that would not be obvious to the visitors.
Trespassers: Trespassers are individuals who enter the property of another without the owner’s permission. Property owners generally don’t have a duty to protect trespassers, but they still need to take necessary steps so as not to intentionally cause them harm. When it comes to children, property owners must also take into account any potential risks that could be posed, such as making sure that pools have proper fencing. If a child is injured while trespassing, the owner can be held liable in some cases.
Dealing with an injury can be emotionally and financially draining. With medical bills and lost wages to worry about, it’s essential to find the right slip and fall attorney to represent you. At Hastings & Hastings, we give you the personal attention you need while working hard to ensure that you receive the compensation owed to you. Let us help make your recovery process as easy as possible.
If you were injured in a slip and fall in Glendale and need an experienced lawyer to help you get the compensation you deserve, contact Hastings & Hastings to schedule a free consultation.