Slip & Fall Accident Lawyer in Phoenix, Arizona
Slip and falls are common and can be catastrophic. In Phoenix, AZ they can be life altering and financially devastating. They can happen on public and private property, from stores to residential complexes, parking lots to workplaces. At Keller Swan we represent those who have been injured in slip and falls and help them through the legal process to get them the compensation they deserve.
Slip & Fall Accidents
Slip and falls, also known as premises liability claims, occur when someone loses their balance and falls because of a condition on someone else’s property. They can happen anywhere, from grocery stores and parking lots to office buildings and apartment complexes. Even small falls can cause big injuries, broken bones, head injuries and spinal cord damage. Here are some common places where slip and falls can occur:
1. Stores
Stores are a common place for slip and falls to occur especially when conditions are not addressed like wet floors, spilled liquids or cluttered aisles. Retailers are responsible for regularly inspecting their stores to make sure conditions are safe for customers. If a slip and fall injury occurs because of a failure to maintain safe premises the store may be liable for negligence.
2. Public Buildings
In government buildings, community centers and post offices poorly maintained sidewalks, staircases or slippery floors can cause serious falls. Public entities have a legal duty to keep environments safe for visitors. Failing to mark hazards or failing to address dangerous conditions can result in liability for the injury.
3. Residential Properties
Landlords and property managers in Phoenix must keep common areas, stairwells and sidewalks safe for tenants and visitors. If a tenant or visitor is injured because of unsafe conditions like uneven flooring or broken handrails the landlord could be liable.
4. Workplaces
Many slip and falls occur in the workplace, especially where safety rules are not followed. This is common in construction sites, warehouses and factories. Employees who are injured in a slip and fall at work may be entitled to workers comp but in some cases they may also be able to make a third party claim if a non-employer party’s negligence caused the accident.
Slip & Fall Laws in Phoenix, AZ
Slip and falls in Phoenix are governed by premises liability laws that define the duties and responsibilities of property owners and occupiers. To win a personal injury case you need to understand the key laws that apply to your case. Here are the important legal points in slip and fall cases:
1. Premises Liability
Arizona’s premises liability law requires property owners to keep their property safe for visitors. This means identifying, repairing or removing hazards that could cause harm. When property owners fail to maintain their property or warn visitors of dangers they may be liable for the injuries that result from those unsafe conditions.
Types of Visitors
The legal duty a property owner owes to someone who slips and falls on their property depends on the type of visitor:
- Invitees: These are people who are on the property for the benefit of the property owner, like customers in a store. Property owners owe the highest duty of care to invitees which means they must regularly inspect the property and address any hazards.
- Licensees: Licensees are people who are on the property for their own purposes, like social guests. Property owners must warn licensees of any hidden dangers or unsafe conditions they know about.
- Trespassers: Trespassers are people who enter the property without permission. While property owners owe minimal duty to trespassers they cannot create dangerous conditions to intentionally harm.
2. Comparative Negligence
Arizona is a comparative negligence state which means if the victim is found to be partially responsible for their own injuries their compensation can be reduced by their percentage of fault. For example if a victim was texting on their phone and didn’t see a wet floor sign they might be 20% responsible for the accident. So their overall compensation would be reduced by 20%.
But as long as the victim is less than 50% at fault they can still recover. Comparative negligence means slip and fall victims need to have strong evidence that the property owner’s negligence was the main cause of the accident.
3. Damages
Slip and fall victims can recover a wide range of damages depending on the severity of their injuries and the financial impact of the accident. Here are some common damages:
- Medical Expenses: This includes emergency care, surgeries, hospital stays, rehabilitation and prescription medications related to the accident.
- Lost Wages: Slip and fall accidents can leave victims unable to work during their recovery period. Compensation can cover lost wages and future income loss if the victim can’t go back to work.
- Pain and Suffering: Victims can seek compensation for the physical and emotional pain they endure from their injuries.
- Emotional Distress: The psychological impact of a slip and fall accident can cause anxiety, depression and post-traumatic stress disorder (PTSD).
- Long Term Care Needs: In severe cases compensation can cover long term care such as physical therapy, home health care or modifications to the victim’s home.
4. Statute of Limitations
In Arizona the statute of limitations for a personal injury claim for a slip and fall is 2 years from the date of the accident. This means you must file your claim within this time frame to preserve your right to compensation. If you miss this deadline the court will dismiss your case and you’ll have no recourse. Take action now to make sure you meet all deadlines.
Slip & Fall Accident Statistics in Phoenix, Arizona (2023)
2023 showed the frequency of slip and fall accidents in Phoenix. According to hospital reports, insurance claims and local safety agencies slip and fall incidents were the leading cause of injury related hospital visits and personal injury claims.
Total Accidents
In Phoenix there were 750 slip and fall accidents in 2023. These ranged from minor falls to more serious accidents that resulted in hospitalization and long term injury.
Injuries and Fatalities
Of the 750 incidents 500 resulted in injuries and 100 were severe. These severe injuries included broken bones, traumatic brain injuries (TBIs) and spinal cord injuries. While slip and fall accidents are rare to be fatal they can cause life altering complications. Fortunately there were no fatalities in Phoenix from slip and fall accidents in 2023.
Common Causes
Several common hazards contributed to the slip and fall accidents:
- Wet or Slippery Floors: Spills from liquids, cleaning products or leaks were the leading cause of slip and fall incidents especially in grocery stores and restaurants.
- Uneven Surfaces: Sidewalks with cracks or holes and poorly maintained flooring were common hazards in commercial properties and residential complexes.
- Poor Lighting: Many slip and fall accidents happened in poorly lit areas such as stairwells and parking lots where individuals couldn’t see the hazards.
- Cluttered Walkways: Cluttered aisles especially in retail stores and warehouses were a big risk for tripping accidents.
Slip & Fall Accident Case in Phoenix
One of the most notable slip and fall cases in Phoenix in the last 10 years was a high profile case against a major retail chain. The plaintiff was a 55 year old woman who slipped on a spill in one of the store’s aisles and broke her ankle. The injury required multiple surgeries and physical therapy and she was out of work for almost a year.
The lawsuit alleged the retail store failed to clean up the spill in a timely manner and didn’t provide adequate warning to customers of the hazardous condition. Despite having surveillance footage showing the spill had been on the floor for over 45 minutes no one had cleaned it up or put up a wet floor sign.
The case settled for $4.5 million for medical expenses, lost wages, pain and suffering and long term rehabilitation costs. This case shows the importance of holding businesses responsible for maintaining safe premises and providing warnings to prevent similar accidents.
Why Choose Keller Swan for Your Slip & Fall Accident?
Experienced Lawyers
At Keller Swan we know the special challenges slip and fall accident victims face. Our lawyers are knowledgeable in premises liability cases and have years of experience representing clients in Phoenix who have been injured due to hazardous conditions. We will fight for you.
Client Focused
We put our clients first. Our lawyers will listen to you and develop a plan tailored to your needs. Our team will be with you every step of the way.
Results
Keller Swan has a history of success in slip and fall cases. We will get you the best possible result whether through settlement or litigation. We will fight for you to get you fairly compensated for your injuries and losses.
Slip & Fall Accidents
1. Wet or Slippery Floors
Spills, leaks or recently cleaned floors can be hazardous if property owners or employees don’t clean up the spill or put up warning signs.
2. Uneven Surfaces
Cracked sidewalks, potholes in parking lots and poorly maintained flooring are common causes of slip and fall accidents. These types of hazards can cause people to trip and fall and get seriously injured.
3. Poor Lighting
Not enough lighting in stairwells, hallways or parking garages can make it hard for people to see the hazards and cause accidents.
4. Clutter and Obstructions
Items in walkways, aisles or common areas can be tripping hazards. Retail stores, warehouses and workplaces can be liable if a cluttered environment causes an injury.
What to Do After a Slip & Fall
If you’ve been injured in a slip and fall, do the following to protect your rights and your case:
1. Get Medical Care
Even if your injuries seem minor get medical attention as soon as possible. A doctor can assess you, treat you and document your injuries for legal purposes.
2. Document the Scene
Take pictures of the hazard that caused your fall and any visible injuries. If there were witnesses get their contact info and ask for a statement of what they saw.
3. Report the Accident
Tell the property owner, manager or landlord about the accident and make sure it’s documented. If you were injured at a business or public property get a copy of the incident report.
4. Call an Attorney
Before you talk to the insurance companies or the property owner’s representatives call an experienced slip and fall accident lawyer at Keller Swan. We’ll evaluate your case and tell you what to do.
Call Keller Swan Now
If you or a loved one has been injured in a slip and fall in Phoenix, Arizona get legal help now. The lawyers at Keller Swan will protect your rights and get you the compensation you need to recover. Call today for a free consultation and let us get you started.
