Slip and fall accidents are among the most common causes of personal injuries and can occur in various settings, including private residences, stores, and office buildings. If you suffered an injury in a slip and fall accident, understanding how to prove negligence is key to recovering the compensation you deserve.
What Is Negligence in a Slip and Fall Case?
In most personal injury cases, victims must prove that the defendant’s negligent acts or omissions contributed to their injuries. This involves establishing that the defendant owed the victim a duty of care, they breached that duty, the breach caused harm, and the harm resulted in the victim suffering losses.
For example, negligence in a typical slip and fall accident case looks like this:
- A store owner owes a duty of care to their customers and must keep their property free from known or expected hazards.
- The store owner fails to adequately warn customers of a known tripping hazard.
- A customer trips on the hazard and breaks their wrist in the fall.
- The injured customer has medical expenses and suffers from pain due to their injuries.
Common Causes of Slip and Fall Accidents
Some of the most common causes of Arizona slip and fall accidents include:
- Wet or slippery floors
- Uneven surfaces
- Loose railings
- Poor lighting
- Loose carpeting
- Obstructed walkways
When property owners or managers fail to address hazards in a timely and adequate fashion, they may be liable for resulting injuries. For example, a grocery store should promptly clean up spills and place wet floor signs in unsafe areas to alert their customers to the hazard.
How to Prove Negligence in an Arizona Slip and Fall Case
To prove negligence in a slip and fall case, you need various forms of evidence demonstrating how the property hazard contributed to your injuries and why the owner should have known about it. Types of evidence commonly used include:
- Photographs and videos of the hazard that caused you to slip and fall
- Witness statements that corroborate your story or mention previous reports to the property owner
- Expert testimony on the cause of the hazard or your injuries
- Incident reports filed by employees or the owner of the property
- Maintenance records for the property showing a history of poor maintenance
- Medical records detailing your injuries
The Role of Pure Comparative Negligence
Arizona’s pure comparative negligence rule reduces the compensation a victim can receive by their percentage of fault. For example, if you slipped and fell on a wet floor while looking at your phone, you may be partially at fault. If you were 30 percent at fault for the incident, the other party would only be liable for 70 percent of your compensation.
Steps to Take After a Slip and Fall Accident
After suffering a slip and fall injury, you should take the following steps to protect your right to seek compensation:
- Report the Incident – Report the accident to the property owner. If you were injured in a business, ask them to file an official report and provide you with a copy.
- Follow Up with Treatment – Follow up with your doctor’s appointments until your doctor says you have recovered or will not recover further.
- Keep Medical Bills – Keep the medical bills you receive so your attorney can use them to calculate your expenses.
- Document the Incident – Document the accident scene and your injuries as much as possible with photographs.
- Avoid Providing a Statement – Do not provide a recorded statement to an insurance adjuster. They will try to use it to reduce the value of your claim.
Contact Our Arizona Slip and Fall Lawyers
Were you injured in an Arizona slip and fall accident? Contact the West Valley team at Gill Law Firm for a free consultation with an experienced premises liability lawyer about your case and to learn more about your legal options. Our firm is dedicated to offering unparalleled service and delivering tangible results to our clients. Reach out to us today to get started.