Slip and fall injuries are very common in Arizona. As the name implies, a slip and fall accident happens when somebody is injured by falling on someone else’s property. Sometimes, the cause of the fall is due to the negligence or carelessness of the owner of the property. If you’ve been injured from falling, due to another person’s negligence, then you are entitled to make a claim for medical expenses, lost wages, and pain & suffering.
What Can Cause a Slip and Fall Accident
There are many ways that slip and fall accidents happen, but most occur when a slippery substance is on a floor, when it’s not supposed to be. I’ve had cases where the slippery substance was either water, oil, floor cleaner, paint, leaking vending or ice machines, and even a calendar. Yes, a calendar that had been on the ground for over 24 hours.
These accidents can also occur on sidewalks, parking lots, parks, or even where cords or cables are posing a hazard.
Why Slip and Fall Cases Can Be Difficult
Who was at fault?
Having handled many of these cases, they can quickly become very complicated because multiple people or companies may have been negligent. Years ago, I had a case against a fast-food restaurant when a client of mine suffered a brain injury after he fell in the parking lot due to a defect in the asphalt. The restaurant had replaced the asphalt in the parking lot after installing a new grease trap. There was a large section of the asphalt that had sunken down in an odd shape that created a tripping hazard.
We filed a claim against the restaurant and they told us that the general contractor was responsible for causing the issue. We filed a claim against the general contractor and they said that the paving company was at fault. We filed a claim against the paving company and they said that the plumber was at fault. The plumber said that the general contractor and paving company were at fault.
Everybody was passing the buck and pointing the finger at each other. We had to file a lawsuit as a result. As part of the lawsuit, we also had to include the property owner because we knew that the restaurant would also blame the property owner. This all gets very complicated once a lawsuit is filed. As you can probably imagine, most companies will try to duck responsibility by pointing the finger at anybody but themselves.
Blaming the Victim
Additionally, in nearly every slip and fall case that I’ve handled, the person or company responsible for the property will always blame the victim. They will say that the victim should have been watching where they going or that the hazard was ‘open and obvious.’ I often will say that if the hazard was ‘open and obvious’ then the person responsible ‘obviously’ should have fixed it.
Most people don’t keep their eyes laser focused on the ground when they are walking. We all sort of scan the ground, but are eyes are typically just looking straight forward. We tend to assume that property owners and businesses will keep walkways fairly safe.
What Should I Do After a Slip or Fall?
With serious injuries, the first thing you should do is to seek immediate medical help. If you are physically able to, or have another person to help you, getting as much information at the time you fell can be very helpful.
- Take photos and video of where you fell and what caused it
- If there is a manager or someone responsible for the property, ask them to fill out an incident report
- Get the name of any manager or employees who were present
- Get the contact information of any bystanders who witnessed the accident
- Keep your clothing and shoes that you were wearing
- Keep a journal of what happened, what your injuries are, how your injuries are affecting your life
What Must Be Proven to Win?
In most cases, we have to prove that the person or company that we’re making a claim against:
- Had control of the property or area
- A dangerous condition existed
- The person or company either knew, or should have known about the dangerous condition.
- You were injured due to the dangerous condition
- Your injuries caused damages, such as medical bills, lost wages, and / or pain and suffering
Gilbert Slip and Fall Lawyer
Because slip and fall claims can be difficult, we always recommend that you hire a personal injury lawyer to help handle your claim. If you, or someone you know, was hurt in a slip and fall accident, please give us a call. All initial consultations are 100% free, and we don’t get paid until you get paid.