If you’ve suffered an injury due to your slip and fall, you may be wondering if you have a case. The answer is most likely yes, but your case may be subject to some limitations. Here are a few things to talk over with your attorney.
Type of Injury
The most important thing is to make sure you would qualify for compensation. While most slip and falls likely don’t result in serious injury, in the case that you’ve been seriously injured, you’ll need to prove it. This comes through medical bills, photos, and other forms of proof that the slip and fall has caused a serious injury.
Type of Visitor
The big question here to consider is whether you had right to be there when the slip and fall occurred. This might sound odd, but it is important to question. If you were invited into someone’s home, or you were visiting a business or a public place, the answer is yes, you were there legitimately, and have a right to expect the premises to be safe. If you were there without permission, for instance if you were trespassing, the courts will likely dismiss your case. The property owner has no obligation to make the property safe for trespassers.
Negligence and Liability
The next thing to consider is if the property owner was negligent. Your case will hinge upon being able to prove that they were negligent and that they failed to prevent or alert you to some sort of danger. For instance, if the danger was “open and obvious,” and you should have noticed or could have easily avoided it, you may have a hard time proving the injury was their fault. On the other hand, if there was a spill that was there for a long time without it being cleaned up, you may be able to prove negligence on their part.
Comparative Fault
There is another thing Arizona law will determine in a slip and fall case, and that is whether you share any percentage of the fault. Even if the accident was due to negligence on the property owner’s fault, the court can determine that you are also partially at fault. In cases like that, the court will assign a percentage of fault to you, and your compensation will be reduced by that amount. For instance, if you had a slip and fall accident on the ice outside a business’s door, but you were doing something that caused you to fall more easily than you would have ordinarily, the court may find that you are 25 percent at fault, and therefore award you 75 percent of the compensation.
Statute of Limitations
Like most other things, there is a limit on how long you have to file a lawsuit for a slip and fall injury in Arizona. Generally, you have two years from the date of the accident, however, if the owner of the property is a government agency a Notice of Claim must be filed within 180 days. Don’t be complacent about having so much time, however. Finding a good accident attorney and preparing a case takes time, so you should consult with an attorney as soon as possible to determine if you have a valid case.
Finding a Slip and Fall Attorney
The criteria for determining whether you have a valid slip and fall case can be confusing, so if you are unsure, the best thing to do is consult an attorney. To get the ball rolling, contact Simon Law Group, PLLC, today and set up a consultation.
