Who Is Liable for a Slip and Fall Accident in Arizona?

Slip and fall accidents can happen anytime and anywhere, including at a grocery store, apartment complex, restaurant, parking lot, or even on public sidewalks. While some falls are unavoidable, others occur because someone failed to keep the property safe. Unfortunately, the accidents can leave victims with severe injuries and require expensive medical care.

In Arizona, determining who is legally responsible for a slip and fall accident is crucial to recovering compensation for your injuries. However, the damage recovery process can be challenging. In this article, you’ll learn how liability is determined, who may be liable, and what steps to take if you’ve sustained injuries in a slip and fall accident in Arizona.

Understanding Premises Liability in Arizona

Slip and fall cases typically fall under premises liability law, which requires property owners and managers to keep their premises reasonably safe. If a dangerous condition exists and someone gets injured as a result, the owner, or another party who leases or manages the property, may be liable for negligence.

In essence, the individuals or entities who own or manage a property owe a duty of care to the people who lawfully visit their property.

Some of the common hazardous conditions under the premises liability principle include wet or slippery floors, poor lighting, and uneven or broken flooring. Other dangerous conditions include cluttered walkways, missing handrails, unmarked step-downs or potholes, and spills not promptly cleaned.

To prove liability, you must show that the property owner or manager knew or should have known about the hazard and failed to address or warn visitors about it.

Who Can Be Liable in a Slip and Fall Case?

Several parties may be responsible for a slip and fall accident, depending on where and how it occurred. Some of the parties that may be liable include:

1. Property Owners

Arizona law requires property owners, whether residential or commercial, to maintain safe conditions. If they fail to repair hazards or warn visitors about a dangerous condition, they may be held liable for resulting accidents.

2. Business Owners and Employees

Employees and store owners must regularly inspect and maintain the property. For example, grocery stores must promptly clean spills and use caution signs. If they ignore dangerous conditions, the business may be liable.

3. Landlords & Property Management Companies

In apartment complexes or rental homes, the landlord or property management company may be responsible if unsafe conditions exist in shared areas such as stairways, parking lots, or walkways.

4. Government Entities

If the accident occurs on public property, such as a sidewalk, government building, or public park, a government agency may be responsible. However, special procedures and shorter deadlines apply when filing claims against government entities in Arizona.

Visitor Status and Duty of Care

Liability may depend on the type of visitor at the time of the accident. Arizona law classifies visitors into three main categories, including invitees, licensees, and trespassers. Property owners or managers owe invitees, such as customers and clients, the highest duty of care. This means the owner must actively maintain safety.

Licensees, like social guests, must be warned of known hazards not easily seen.  Trespassers are only owed limited protection. While owners have minimal duty towards trespassers, they must not intentionally cause harm.

Proving Liability in Arizona Slip and Fall Cases

To recover compensation in a slip and fall claim, you must prove the other party’s negligence. This typically involves establishing the following:

1. A hazardous condition existed.
2. The property owner knew, or should have known about it.
3. They failed to fix, warn, or block off the hazard.
4. The hazard directly caused your injury.

Comparative Negligence in Arizona

Arizona follows a comparative fault rule under A.R.S. 12-2505. This means that even if you were partially at fault for the accident that caused your injuries, you may still recover compensation. However, the court will reduce your award by your percentage of fault.

For instance, if total damages amount to $100,000 and the court finds you were 20% at fault, your final compensation will be $80,000.

Unfortunately, insurance companies often use this rule to reduce payouts, making it important to have a skilled personal injury lawyer by your side. The lawyer can help counter any unfair fault allegations or attempts to deny you fair compensation.

Arizona Statute of Limitations

Besides the comparative negligence rule, you also need to be aware of the statute of limitations, or the time limit within which you can file a personal injury claim. In Arizona, you have two years from the date of the accident to file a claim. However, if the liable party is a government entity, you may have as little as 180 days to file a notice of claim.

Failing to meet these deadlines may result in losing your right to compensation. It is therefore critical to act quickly.

Damage Recovery in Slip and Fall Cases

Depending on the severity of the injury, compensation may include emergency and ongoing medical expenses, rehabilitation or physical therapy, lost wages and lost earning capacity, and permanent disability or disfigurement. Other damages include pain and suffering, loss of quality of life, and possible punitive damages in cases of extreme negligence.

What to Do After a Slip and Fall Accident

1. Get medical attention immediately
2. Report the accident to the property owner or manager
3. Gather relevant evidence, including photos or videos of the scene and your injuries
4. Gather witness information
5. Avoid giving statements to insurance companies right away
6. Keep all medical and expense records
7. Contact an Arizona slip and fall attorney

Why You Need an Arizona Slip and Fall Attorney

Slip and fall cases can be complex. Property owners and insurance companies may deny responsibility or argue that the victim was to blame. An experienced attorney can help you investigate the accident, secure evidence and witnesses, and prove negligence. They will also deal with insurance companies on your behalf, negotiate a fair settlement, and represent you in court if necessary.

Contact a Scottsdale Slip and Fall Accident Attorney

If you or a loved one suffered injuries due to a hazardous condition, you may be entitled to compensation. However, determining who is liable for a slip and fall accident in Arizona can be complex. It often depends on multiple factors, including location, visitor status, evidence, and whether the property owner upheld their legal duty.

If you are in Scottsdale, AZ, contact our knowledgeable and experienced Scottsdale slip and fall accident attorney at Huselid & Huselid Law. We will protect your right to fair compensation and guide you through every step of the often complicated legal process. Contact us today for a free consultation and personalized legal guidance and support.