Being involved in a slip and fall accident could cause serious and painful injuries that interfere with your life and future. If a property owner had a responsibility to prevent or fix the hazard that caused your slip and fall accident, you may be entitled to financial compensation. Contact a lawyer at Harris & Harris injury claim to discuss your legal options with an experienced slip and fall injury lawyer in Scottsdale. We offer free initial consultations.
Slip, trip and fall accidents can often be prevented. They are typically caused by hazards or defects that exist on a property due to poor maintenance. If a property owner is negligent, or carelessly fails to maintain a safe premises for visitors, the property could fall into a dangerous state of disrepair.
A wide range of dangerous property conditions can cause slip and fall accidents in Scottsdale, including:
If a reasonably prudent property owner would have noticed and remedied the hazard that caused your slip and fall accident, the negligent owner of the property where you fell could be held liable, or financially responsible, for your losses. Business owners can also be held vicariously liable for the negligence of their employees.
A slip and fall accident is a type of premises liability claim. The doctrine of premises liability states that the owner or controller of a property is responsible for maintaining safe conditions on their premises and addressing any hazards that could cause harm to guests or visitors. If a property owner fails to fulfill this responsibility (otherwise known as a duty of care), he or she can be financially responsible for an injured victim’s bills and losses.
To hold a property owner liable for a slip and fall in Scottsdale, you or your Scottsdale personal injury lawyer must prove negligence. The definition of negligence is to fail to act with proper care. What is “proper” depends on the circumstances, such as the legal classification of the property visitor. There are invitees, licensees and trespassers, each with different duties of care given to a property owner.
Proving negligence in a slip and fall case requires clear and convincing evidence that the property owner or accused party (the defendant) owed the victim a duty of care, breached this duty of care, and caused or contributed to the victim’s injury. There must be proof that a reasonable and prudent property owner would have done something differently to prevent the slip and fall accident, such as remedy the hazard in a timely manner.
Evidence is a critical part of any personal injury claim. In the civil justice system, the injured party or plaintiff bears the burden of proving that what he or she is claiming is true. The burden of proof in a slip and fall claim is a preponderance of the evidence, otherwise known as more likely than not, or true with at least a 51 percent certainty.
Evidence that could be used to establish a slip and fall injury claim includes:
You do not have to preserve, collect or submit evidence to support your claim alone. An attorney from Harris & Harris Injury Lawyers can investigate your accident and gather evidence for you. However, you can strengthen your case by taking pictures at the scene before you leave, speaking to eyewitnesses and reporting the accident.
Slip and fall accidents can result in serious injuries such as concussions, broken bones and soft-tissue damage. If you suffered a slip and fall injury that was caused by a property owner’s negligence, you may be eligible for financial compensation for all current and future estimated costs and losses associated with your injury.
Common types of financial compensation, or damages, available include:
It is important to discuss the potential value of your slip and fall injury case with an attorney before you accept a settlement from a property owner’s insurance company. The initial settlement offer may not adequately compensate you for your losses. An attorney can evaluate your claim and help you negotiate for maximum financial compensation.
If you suffered a slip and fall injury anywhere in Scottsdale, Arizona – including on private property, public property, a business, a hotel or motel, the workplace, or a rental property – contact Harris & Harris Injury Lawyers to request a free case consultation about your rights. Our attorneys will carefully review your case and help you explore your legal options with personalized advice. Call us today at (702) 410-6623.