Slips and falls can cause bad injuries. If you were injured in a slip and fall accident in Phoenix, it is crucial that you are able to secure the full and fair financial compensation that you need to prove your bills. Slip and fall accident claims are fault-based legal cases. You need to prove negligence by a business or a property owner to hold them liable for your damages. Within this blog post, our Phoenix slip and fall lawyer provides a comprehensive guide to proving liability in Arizona. 

A Slip and Fall Accident Claim is a Type of Premises Liability Case

A slip and fall accident claim falls under the category of premises liability laws. In Arizona, it is this area of law that holds businesses and property owners accountable for injuries that occur on their property due to unsafe conditions. Slip and fall claims specifically address circumstances where a person is injured due to slipping, tripping, or falling as a result of a hazardous condition on someone else’s property. These cases should be thoroughly investigated by an experienced attorney. 

Know the Elements of a Slip and Fall Accident Claim in Arizona

A property owner is not automatically liable for a slip and fall accident injury that occurs on the premises. Accidents can happen for a wide variety of different reasons. Liability is only imposed against the property owner (or business) if certain requirements are met. Here are the four elements of a slip and fall accident injury claim in Arizona: 

• Duty: In Phoenix, property owners have a legal duty to maintain their premises in a reasonably safe condition to prevent injuries to invited guests. As explained by the State Bar of Arizona, the extent of this duty varies depending on the status of the visitor—whether they are an invitee, licensee, or trespasser. The highest duty is owed to invitees. 

• Breach: A breach occurs when a property owner fails to fulfill their duty of care by neglecting to maintain the property safely or failing to warn of hazards. A breach of the duty of care is negligence. Some examples of breaches that can cause slip and fall accidents include unmarked wet floors, uncleaned spills, loose debris, and tattered carpets. 

• Causation: Causation in a slip and fall claim must directly link the property owner’s breach of duty to the accident that occurred. Proving negligence by itself—that there was an unsafe hazard on the premises—is not enough. You must establish that your slip and fall accident happened because of the defendant’s negligence. 
• Damages: Finally, damages are a key part of any personal injury claim—slip and fall accidents are no exception. Injured victims should be prepared to provide comprehensive evidence that proves the existence/severity of their injuries and the extent of their damages. 

An Overview of Evidence that Can Be Used to Prove Liability in a Slip and Fall

Unfortunately, businesses, property owners, and their commercial insurance companies may try to deny liability after a slip and fall accident. For this reason, injured victims in Phoenix need to be ready to prove fault. Establishing liability in a slip and fall accident claim in Arizona requires proving the defendant’s negligence. Here is an overview of the most common forms of evidence: 

• Your Testimony: Your account of the incident details the circumstances and effects of the fall, contributing personal insights into how the accident occurred.

• Photos/Video: Visual evidence like photos and videos can vividly demonstrate the hazardous conditions at the time of the slip and fall.

• Witness Statements: Statements from witnesses provide third-party perspectives on the accident, potentially corroborating your version of events.

• Maintenance Records: Property maintenance logs (or lack thereof) can reveal whether the property owner regularly inspected and maintained the area where the accident occurred.
• Expert Analysis: An expert’s analysis can help explain how the negligence of the property owner contributed to the unsafe conditions that led to the slip and fall injury.

The Takeaway: To prove liability in a slip and fall injury claim in Arizona, you must prove that the property owner’s negligence contributed to your accident. Evidence is essential. A Phoenix, AZ, premises liability lawyer can investigate the accident and help you gather relevant evidence. 

A Two-Year Statute of Limitations for Slip and Fall Claims in Arizona

You have a limited amount of time to file a slip and fall accident injury lawsuit in Phoenix. Under Arizona Revised Statutes § 12-542, there is a two-year statute of limitations for premises liability claims, including slip and fall accidents. Very few exceptions apply to this deadline. Do not wait to get started with your case: Speak to a Phoenix slip and fall accident lawyer right away. 

We Help Injured Victims in Arizona Fight for the Maximum Financial Compensation

A slip and fall accident can leave you with stacks of medical bills, missed paychecks, and immense pain and suffering. Following an accident, it is imperative that you are able to secure the full and fair financial compensation that you need to pay bills and support your family. Sadly, the property insurance companies that defend slip and fall accident cases fight hard to settle cases for less. Our Phoenix slip and fall accident attorneys help injured victims maximize their recovery, including for: 

• Emergency room care; 
• Hospital bills and other health care costs; 
• Rehabilitative medical treatment; 
• Loss of income, including diminished earnings; 
• Pain and suffering and mental distress; and
• Disability or physical disfigurement. 

Set Up a Free Consultation With Our Phoenix, AZ Slip and Fall Accident Lawyer Today

At The Law Office of Paul J. Dombeck, PLLC, our Phoenix slip and fall accident attorney puts the rights of injured victims first. If you have any specific questions or concerns about proving liability for a slip and fall, professional support is just one phone call away. Contact our personal injury law firm today for a free, no-strings-attached case review. From our Phoenix law office, we fight for the rights of slip and fall accident victims in Maricopa County and throughout Arizona.